[Solved] Here again !!! Help

She is in breach and once you have confirmation of her intention not to allow contact contrary to the order then you can progress it.

I would advise you also contact her solicitor for urgent confirmation of the position and your ex's intent. Put it in writing and give them a time frame to work to, for example,

...."if this situation is not resolved and contact reinstated within 14 days I shall not hesitate to apply for enforcement of the existing order without delay." Date the letter and include the case number for their reference and send it recorded delivery.

Once you have proof from the contact centre that she is point blank refusing contact indefinitely, and the solicitor has not responded to resolve the situation then I think you have every right to progress it.

I would think the solicitor can withdraw their services at any time regardless of the fixed fee, if they cannot work with their client...but whether this would happen is debatable. It's not unheard of for clients to ignore their solicitors advice and instruct their solicitors to act contrary to their advice.

Thanks for your advise. Can I confirm whether we could put this instruction via an email ?

Contact hasn't officially started yet, but she advised the contact centre staff arranging the date, that she is not making my daughter available.

Can I ask the contact centre for proof that my ex isn't willing to make my daughter available i.e a statement?

Do you know how quick an court date could be for an application for enforcement could be? And what happens next?

You could do it by email but make sure you make a copy.

I thought you said that you should have had your first contact on the 26th October.

You can ask the contact centre for a letter/statement to confirm your ex's position.

If the court case was very recent you could try writing to the judge that made the order and telling him what has happened, send it with any proof from the contact centre and her solicitor and he may just order it back to court.....it's worth a try and would save you the cost of a fresh application. If the judge won't reopen the case then you can apply for enforcement as normal....you will need the form C79 for this.

Sorry I didn't make it clear - contact was provisionally booked for the 26th and my ex refused to attend that date and advised she wasn't available - so officially wasn't booked but has stated she wouldn't make my daughter available anytime ?

1st court hearing was 8th October due to go back to court on the 30th January once supervised contact had been completed and relevant reports logged - so do you think it's worth writing to the court direct ??

Many thanks

Ah I see..... In that case the case is current, contact her solicitor and relay to them what their client has said to the contact centre about not making your child available at all. Remind them that it is important that their client complies with the interim contact order made on the 8th October and ask them to liaise with their client and the contact centre and provide you with a commencement date for contact. You can also give them 14 days to resolve the situation or you will apply to the court for it to be bought back before them as a matter of urgency. Also tell them that you will be filing a copy of the letter with the court.

As the case is ongoing any communication with her solicitor should be in writing so that you have proof of it and can file it with the court. When you send the letter to the solicitor send a copy to the court too. Include the date and case number on the correspondence for reference.

Many thanks for all your info.

Hello,

I think giving your ex 14 days to comply with the Court Order is very generous indeed. You can say to the Court that you gave her that amount of time to avoid taking up too much of the courts time on what should be a trivial matter. This will very much go in your favour. Nothing trumps a contact order. Not any of your daughts/exs hobbies or pastimes.

If you do get your Enforcement Hearing make sure that you ask His/Her Honour build into contact that your time be extended by 30min increments on each occassion so that bonding with you be gradual and permanent. This is being asked for so that when your time at the contact centre is complete your child will easily "take to you" in being out of the contact centre and you lengthening the contact time to overnight and holiday times etc.

Please keep copies of all communication from all parties and your replies as you may need to rely on your "bundle" in the future.

Regards,

Brian

I think you've got to give the solicitor time to contact and get responses form their client and the contact centre and confirm a date, in that respect 14 days is fair and it might get sorted before that.

As no date was specified in the interim contact order, the other side could argue that they are in the process of sorting it.

Yes by all means do wait the 14 days but she has already stated that she will not be making the child available for contact on that Sat 26th Oct or any other. She has already made her mind up.

I have been in contact with the contact centre who in turn has been communicating with my exs solicitor and it has been decided to formally advise contact will be on Saturday 2nd November - if my ex does not bring my daughter then she is officially in breach of the court order and i can then get the ball rolling by writing to the court to bring the matter back as a matter of urgency - so fingers crossed sense will prevail but I'm not holding my breath ....... Thanks everyone for their information !!