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Hi all, I have a contact order which says i see my daughter on my midweek day off which varies everyweek. However every week my ex is saying my daughter is ill and cant attend. I have asked for the name of my daughters nursery as i wanted to check if she was going but my ex is reluctant to give me this. I also asked who looks after my daughter when ex is at work and she said her step mam? So basically my daughter is going to my exs stepmam instead of me as she is ill......
is this enough grounds for enforcemnt as i havent seen my daughter for 2 weeks now and surely im more important in my daughters life than my exs stepmam??
Hi,
I have gone down this route myself so i can give you first hand experience.
At the moment i do not think you have grounds for an enforcement, if the child is ill then there is nothing you or the court can do. She can get away with this for the time being but only for so long. If this continues for 4-6 more visits then you will probably have a case. As for your child going to other peoples houses, id leave that well alone, i am not sure if the court will be interested in this, just concentrate on what visits you are allowed. Bear in mind court dont like to enforce, enforcement orders and in all fairness they are a waste of time, but if its all you have then go for it. I know its hard but let the dust settle and see where you are at in 6 weeks time. Enforcement orders are very drawn out and it will probably anger the mother you are going down the route of court again so have a long hard think on what you want to do with no rash decisions.
Paul
Ti35to has more experience than I do so he is probably more knowledgeable on the subject.
Logic however would say that if your daughter is well enough to go other peoples homes then she should be well enough to go to your home. But as Ti35To points out she won't be ill forever - going to court for a one-off problem might be more hassle than it's worth.
Personally, I would give it another one or two visits before taking any action.
I agree, if your daughter can be left with others, then she can be left with you. Having said that, if she is genuinely unwell and the mother has to work, it wouldn't seem to make sense for her to be carted around feeling under the weather.
If this continues, I would definitely take action.
It might be worth looking at this thread to see if you can locate your daughter's nursery. That information should not be witheld from you.
http://www.thecustodyminefield.com/flapp/preducation.html
Unless a carer poses a threat to your child, the mother can choose childcare for the child during her time while she is at work.
The bigger issue here, is if she is preventing contact taking place. If it continues, let her know that unless she reinstates it as per the court order, you will have no other choice than to make an application for enforcement.
so much good helpful information. thanks guys will give it a few more weeks even tho i am becomong frustrated :silly:
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