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i wanted to ask ..how many issues do i need to have with contact before applying for an enforcement order
since my court order
1) ive had problems with her coming late both to drop him off and pick him up
2) she gave me false information regarding my sons doctor which resulted in me going on a wild goose chase
and now I still dont know who my sons doctor is
3) and today i was due to have increased contact first of 3 overnight stays but she didnt turn up
i have been informed by one of her family members that she is upset about child maintenance
the problem there is that i am incredit by approx £1400 and the child maitenance service have told me to stop paying till it sorted. her family member is saying that ive quit my job and stopped paying and out of spite shes stopped contact
she sent me a text saying my son isnt well but i know thats a lie because he was seen at an event yesterday and he was fine
where do i stand. ? im thinking go back to court purely on the basis that shes been messing around and now stopped contact.?
what do you suggest
Hi there
It would be difficult to disprove that she was lying about your child being unwell and being late is annoying but not really an enforcement issue to be honest.
Maintenance and contact are two entirely separate issues and one is not dependent on the other. If she is stopping contact because of that she would be wrong....but she's been careful not to use that as a reason.
I would write to her, or get a solicitor to write to her, and remind her that she is in breach of the orderand if it continues you will take her to court to enforce the order. Ask her to supplyy the information about your sons GP as it is also a requirement.
If she continues theni guess it's back to court...but best to try and get her to tow the line first....court should always be the last resort.
hi
thanks for the reply
but with regards writing to her,.; during the court proceedings she was living in a refuge which is a confidential adress and since i have been informed she has moved out of the refuge as they only keep them so long.
My pickup location is a neutral location on the court order so i dont have an exact current adress for me to write to .
i have her sisters adress which she visits almost every day so could i get a letter sent there?
and mediation is out of the question aswell again as i dont know her exact location
I text her and told her that the child maintenance has got nothing to do with contact and that i havent quit my job, just the CMS doing calculations due to delays and that non compliance would result in us going back to court and her reply was "[censored] off do whatever you like"
...well I guess you've had your answer! If you are making an enforcement application there isn't a requirement to attend mediation first.
If you don't have her address it could be difficult to serve any new court papers on her. If you were in court within the last six months it might be a good idea to write to the judge that made the final order, explain the breaches and ask if its possible to come back to court for urgent new directions. The do have discretionary powers to do that, but don't get your hopes up, it's likely that they will advise making a new application....it's worth a try though.
If you don't have her address you may experience difficulties serving any new court papers on her, Give the court a call and ask them what the best course of action is.
Best of luck
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