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[Solved] Denied access when court order in place

 
(@gorby)
Estimable Member Registered

Hi there I've a court order in place since February this year which let's me see my children every weekend my ex found out I had taken 1 of my daughters to a family working mens club to see there grand parents last week . I have now had a message from her denying me all access to my children due to the saftey of the kida. can someone help please

Quote
Topic starter Posted : 09/12/2016 7:11 pm
(@got-the-tshirt)
Famed Member Registered

Hi There,
.
within the original order were there any restrictions on where you could go with your children when you had them? if there isn't she would be in breach of the order.
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The first thing I would say is to turn up at the time and place to collect as you usually would, don't enter into any txt/email battles just reply and say that the contact order that is in place states that contact happens and state the time and place and that you will be there to collect as usual, if she replies trying to argue just ignore it, then arrive at the normal time place ect, maybe take someone with you as a witness to protect yourself of any false claims.
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If your ex is there and won't allow your children to come with you again don't enter into any arguement, just walk away, you have then covered you side of things and have kept to the arrangements in the order, I know it's a pain but if you didn't turn up, she could claim she was just angry and that she would have allowed them to come with you but you didin't turn up.
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If she doesn't allow them to come with you then your next step would be to write her a letter outlining the contact order (maybe send a copy of it) and reminding her that she needs to make the children available for your time with the children. Within the letter you can point out that if she doesn't re start contact then you will apply to the courts for an enforcement of the order that is already in place.
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Then your next step would be to apply to the courts for the enforcement.
.

ReplyQuote
Posted : 09/12/2016 9:53 pm
gorby and gorby reacted
 Yoda
(@yoda)
Famed Member

Hi GTTS has given you good advice regarding checking your order for restrictions.

Personally, if there are not any restrictions, I would text or email her asap pointing out that she is in breach of the order and if it is not adhered to forthwith, you will return the matter to court for enforcement.

You would need a C79 for that and don't have to attend mediation.

ReplyQuote
Posted : 10/12/2016 11:13 am
gorby and gorby reacted
(@gorby)
Estimable Member Registered

Thank you very much for the advise there is no restrictions on the court order. I have messaged my ex stating this but not received a reply she did say the other day I will be getting a letter from her solicitor

Best Regards

ReplyQuote
Topic starter Posted : 10/12/2016 4:32 pm
(@T135T0)
Reputable Member Registered

Hi,

I did try to reply to this the other day but my internet went down, it looks like you have had good advice though.

I would say taking your child to a working mans club probably was not the best idea giving the current climate of your situation but she certainly is in breach. I did say try mediation and if all else fails go to a contact centre maybe or atleast suggest it until the dust settles, i know they are not great places to be with your children but atleast it is contact...

Paul

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Posted : 12/12/2016 3:25 pm
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