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Does anyone know how I go about trying to change a court order that is in pace. My children want to see more of me but my wife says no they are not going to. My children are 11 and 8. Its has even gone to the stage where she has demanded all contact from the children stops even with phone calls. Although this contact has always happened for 2 1/2 years. If I ring the children she tell them they are not allowed to answer the phone!!!
Thanks Nick
If she is breaching the court order by not sticking to it, you can apply for enforcement using a C79 form. No mediation required and if you're lucky, you might be able to vary contact that way.
If she isn't breaching the order, or you want significant changes, you need to apply to vary the order using a C100 form. This does require attempting mediation before applying.
My wife has breached the court order 3 times which I never formally reported for the sake of the children. She will not go mediation and will not even consider the children's requests. My daughter refused to go home the other week for a ti9me of a week as she heard her mum on the phone to the police trying to get me in trouble. which did not happen.
Thanks for the info on the forms.
Why do children and dads have to go through this when all they want to do is see more of each other......!!!!
Once again thanks.
Nick
As well as enforcement, you want to vary the order to get contact increased - your daughter is getting to the age where her wishes will have more weight with the courts, and if she can speak to cafcass without her mother there, and she tells them what's going on, I can't see it would look well for your ex.
Perhaps you could try writing to her formally to point out that she is in breach of the order and that you will have no option but to apply to have it enforced unless all contact is reinstated with immediate effect. Try and keep it non threatening and point out that it's not about you or her, but about your children's right to have you both involved in their lives. You could mention that when children are stuck in the middle of conflict between parents, that it can be very damaging to them, ask for her cooperation and express the hope that you can both move forward for the sake of the children.
All the best
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