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Ex breached contact...
 
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Ex breached contact order

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Posts: 192
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Topic starter
(@Vik2001)
Reputable Member
Joined: 4 years ago

Ex got me arrested that I made a threatening call to a family member of hers. Police arrested me checked my phones and let me go as no calls were made.

Now we have a court order where I have shared residency as well. She went to the school early and picked them up and said I can't have contact with them as I made a threat to her family member. So she stopped me having overnights as was agreed in court order.

What can i do now? She got me arrested purposely and now has pulled this stunt and is in clear breach.

18 Replies
Posts: 5482
(@dadmod2)
Illustrious Member
Joined: 6 years ago

hi,

sorry to hear this. If your allowed to contact her, you could send a polite message/letter informing her that children have right to see both parents, and she should follow the court order. If not, you will be applying to court for enforcement. you can give it a few days. if you hear nothing from her, you can apply with form C79. mediation not required.

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Posts: 192
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Topic starter
(@Vik2001)
Reputable Member
Joined: 4 years ago

Thanks Bill doing the c79 order now

How long does the c79 take to get to court

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(@dadmod2)
Joined: 6 years ago

Illustrious Member
Posts: 5482

@Vik2001 would be similar to doing a c100. first hearing could be in 3-4 months time.

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Posts: 192
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Topic starter
(@Vik2001)
Reputable Member
Joined: 4 years ago

ok that could take a while then.  she also didnt bring the kids to school today knowing that im supposed to collect them for their overnight stay.

ive informed the school and they have a copy of the contact order.   also can i use the c79 to tell the judge what shes doing and ask for more time?

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(@mrstrange)
Joined: 3 years ago

Estimable Member
Posts: 167

@Vik2001 

After submitting a C79 you will be called to a hearing for the alleged breaches. The judge will have a few actions at their disposals such a stern warning, fine, community service and compensating the other parent for lost time.

 

However, changing the child arrangements is out of scope with the exception of correcting any ambiguities relevant to the breaches. 

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Posts: 192
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Topic starter
(@Vik2001)
Reputable Member
Joined: 4 years ago

could i say she keeps making allegations against me, 16 in fact finding trial, now after 1year she had me arrested 1 day before our finance hearing in court (which i ended up missing because i was locked up for allegdly making a phone call to her dad)

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(@mrstrange)
Joined: 3 years ago

Estimable Member
Posts: 167
Posted by: @Vik2001

could i say she keeps making allegations against me, 16 in fact finding trial, now after 1year she had me arrested 1 day before our finance hearing in court (which i ended up missing because i was locked up for allegdly making a phone call to her dad)

Keep a record of all breaches and actions by her that affect your time with the children. Include them with evidence in your application for an enforcement order. Repeated behaviour will looked upon negatively by the court that, if breaches frequent, have the power to make you the resident parent. 

 

Remain positive and calm and let her make a fool out of herself. It won’t last for ever. 

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