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Hi dads.
I've had a court order for shared care with 5 out of 14 days access school time and mostly half of holidays, since November 2016. The mother has been particularly difficult in trying to cut access in the past as much as possible. As per arrangement I was to pick my eight year old daughter up today but after a pleasant text she called from a random number saying I'm not having her and she's going back to court to change the court order. She has always imagined many improprietys with my care but these are only imagined. For example daughter had her hair cut at my sisters salon and this was the end of the world (only the fringe). She also texted my mother complained about the last year's court case and that she should have been given the money rather than the cost of the case. She also complained of my daughter sleeping naked at my house. She does this as it helps her sleep, she has her own bed and never gets into mine. There obviously is no impropriety going on and it shocks me to think she may go down this route to make her case. Anyway, no contact, not allowed do call her, no idea when I'll see her again, no reasons given for access to stop. She said that she yesterday applied to the court to change the court order. Today I submitted my c79 seeking an enforcement order for her breach of the court order. I called social services worrying that the reason she's stopped access is that something horrible may have happened and she's putting up a smoke screen.
I guess my question is , what happens next?
Thanks chaps.
Really sorry to hear. It's so difficult, you think you have things sorted and can move on with life only for things to be dragged back into court 🙁
Hopefully the enforcement hearing won't take too long, I'm sorry to say I don't have any experience with those, but from the bits I've read you want to ask for a warning to be added to the order, this must be incredibly disruptive to your daughter and she deserves better than this.
Thanks mate for your supportive words.
I think because it's been a recent case, warnings were likely to have been shown with the order. I've heard that enforcement hearings take 18-20 days from this site. I know that I'll be able to pick my daughter up from school as it gives me that right on the court order.
I don't know what I can do in the mean time?
Will the exs application to change the court order take president over my c79?
It's amazing the legal knowledge you pick up when you can't see your kids eh
Thanks
I don't really know the answer to what application takes precedence, sorry. I imagine if both applications are in, they are both heard at the same hearing, but not sure, perhaps someone else knows better than me on that one.
Either way, common sense would tell you that the existing order is still being broken regardless if there is an application to vary it or not, so I guess you just need to stay cool and let the ex do all the craziness while at the same time trying to protect your kid the best you can.
Yes thank you.
Certainly a breach of court order on her part. And likely for both cases to be heard at the same time unless the application to change the court order takes longer than my c79. I do wonder if there's anything I can do in the mean time. I have no contact with my daughter I wonder if her wishes could be heard in court? I wonder if there's any police or social services assistance to go and get her? I suspect parental alienation and my poor daughter being denied access is heartbreaking. I guess every dad on here has experienced this limbo feeling when nothing can be done right now..
Must say this is a great forum.
Hi mate. Regarding both making applications, from my own experience, if two different types of application (ie C79 and C100) are made roughly at the same time they are allocated to one judge with a short directions hearing to decide on best way to move forward unless it is an emergency application.
If two parents make a C100 Child Arrangement Order application at the same time they are joined into one and the parent who lodged the application first is considered the applicant and the other the respondent. It would be recited in court that both parties had made applications.
Thanks for that info bud. Makes me happy to know I got my c79 in as quickly as possible.
So it will go to a directions hearing first but now I'm wondering what to request or do at this hearing. I think I'll phone up for some free legal advise.
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