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Contact Order broke...
 
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[Solved] Contact Order broken after only 1 visit - advice


Posts: 5
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Topic starter
(@davidbagnall2002)
Active Member
Joined: 11 years ago

I am at my wits end, I received a contact order in my favour on the 8th October, this staggered in contact but it basically consisted of the below.

Every Wednesday, Collection from school at 3:15 and return to mum at 7pm.

Alternative weekends, Friday from school until Sunday 5:30pm

plus holidays etc.

I had contact on Wednesday as the contact order stated. All went well as far as I am concerned.

However I have received a letter from mums solicitor stating that my daughters behaviour has deteriorated after the visit, wetting herself at school, misbehaving etc. I have spoken with her school and they have confirmed the wetting but stated that they feel its because she leaves herself to the last second and they confirmed its not a new thing either.

Surely mum cant remove access and break the contact order after one visit without consequence in the court.

She told the courts that my daughter was struggling with the change etc and the court advised mum that such things are normal and expected for a child of 5 however father has already had lots of positive contact with daughter and isn't a stranger, any issues experienced will gradually subside the more and more father gets to see daughter and confirmed that removing dad from the equation isn't the answer.

I have pasted the content of the letter below.

We are aware that the matter came before the North Staffs Family Proceedings Court on the 8th October when a contact order was made. Our client is currently seeking advice in relation to that order.

In the meantime however we are instructed that when contact took place between yourself and "child" on Wednesday 16th October that "child" before contact was extremely upset and distressed and indeed following her contact she was also upset indicating that she hadn’t been happy throughout the contact process. She was also concerned that you were not spending any quality time with her. Our client however is even more concerned by the fact that "child" has wet herself on several occasions since the contact took place on Wednesday, we understand that she has wet herself at school, something which she hadn’t done before and also that she has been wetting the bed at home, which she has never done before.

In addition, our client has been spoken to by "child" class teacher and told that "child" behaviour has deteriorated.

Our client feels that the current contact arrangements are simply not going to work in the best interests of "child" and we note that she has contacted you and asked you to reconsider the arrangements.

Our client’s main concern in relation to your contact with "child" boils down to your lack of quality time that is spent with her daughter.

Our client will therefore be making an application back to the Court to vary the terms of the Order and in the meantime has instructed us that she does not believe that "child" will be attending for contact this coming Wednesday 23rd October. Thereafter we understand that "child" is due to attend a pre-Hospital visit on Sunday 27th October. "child" is then due to attend Hospital the following Thursday to have her tonsils our. Our client therefore simply does not feel that it is in "child" best interests for her to be upset anymore and for this reason she will not be making "child" available for contact until such time as the Court has an opportunity to reconsider this matter.

Please be assured that our client does not wish to be obstructive in relation to contact, but she is giving serious consideration to challenging the terms of the Order made by the Court on the 8th October as she simply does not believe that the Order provides for "child" best interests.

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(@dad-i-d)
Joined: 14 years ago

Noble Member
Posts: 1306

Quote: "the court advised mum that such things are normal and expected for a child of 5 however father has already had lots of positive contact with daughter and isn't a stranger, any issues experienced will gradually subside the more and more father gets to see daughter and confirmed that removing dad from the equation isn't the answer." end quote.

I would respond to the solicitor with the above as the court said at the time.

give them 7days to respond or you will take the matter back to court for enforcement of the contact order. explain to them the potential concequences of their clients action and that she is preventing contact by going against the court order.

You can apply for enforcement of the contact order based on your ex is now finding any way she can to try and block contact taking place.

enforcement by the court can include, Unpaid work (Community service), a fine or imprisonment in extreme cases, most likely is the unpaid work with threat of prision (Suspended sentance) should there be continual breaking of contact order.

i'd personally not stand for what is pretty much your ex trying to control contact again.

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(@davidbagnall2002)
Joined: 11 years ago

Active Member
Posts: 5

Thanks, good advice, the actual words from the court re this are below.

"father" is not unknown to "child". They have previously enjoyed positive contact and their relationship needs the opportunity to develop further.

"mother" has concerns in relation to "childs" suggested anxiety and separation issues. However, such issues are not uncommon in children of this age and a stable programme of contact, encouraged by both parents, will only serve to alleviate this.

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(@Nannyjane)
Joined: 12 years ago

Illustrious Member
Posts: 5426

I agree with Dad-i-d, this is an outrageous attempt to take back control at the expense of the child. She could well be picking up on her mothers anxiety!

The school have confirmed to you that the wetting isn't a new thing and was occurring before contact was re established. I would quote this in the letter to the solicitor. She is clearly in breach, it's ridiculous to try and vary the order after a week and I can't see the court being at all happy with this as its obviously an attempt to manipulate.

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(@davidbagnall2002)
Joined: 11 years ago

Active Member
Posts: 5

Also, If I apply for enforcement of the order, can I claim the court fee for the enforcement back from "mother" as its an out of pocket expense as a direct result in "mother" breaching the contact order.

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(@davidbagnall2002)
Joined: 11 years ago

Active Member
Posts: 5

She could well be picking up on her mothers anxiety!

Definitely, my daughter tells me often "Mummy says that when you tell me you love me daddy you lie"

I never bad mouth mum in front of child and I am gutted by mums attempts to prevent contact even though she insists she wants me to have access and actively encourages it., that's what she tells the courts anyhow.

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(@Cuddles)
Joined: 12 years ago

Reputable Member
Posts: 218

Our client’s main concern in relation to your contact with "child" boils down to your lack of quality time that is spent with her daughter.

Think thta the last 2 words say it all - HER DAUGHTER. So annoying that women think like this and are allowed to get away with it. She should be encouraging you and your daughter to spend as much time together as you can. Hope that things sort themselves out and that you get to spend time with her soon.

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