[Solved] Nobody to contact

Hi there

It's tough for you, especially with the distance between you.... really the only redress you have is to enforce the order through court. If you can't contact the mother directly, is there a third party that might liaise between you?

You could write to her formally, point out she is breaching the order and ask her to make suggestions for handovers, either via a third party (perhaps a contact centre) or in a public place where there is cctv, such as a supermarket or shopping centre.

Apart from that I'm at a loss as to what to advise you.

All the best

Hi Guys,

Ok she received a warning from the police to stop the abuse, and so I opened communication again. Nothing has changed and she has completely stopped contact.

I need to get the order now changed and enforced, what is the 1st step and which form is it now that I fill out ?

She has broken the order since day one, can I recoup the £215 from her through this?

I also need to ask the court that she use a third party to communicate, can this be done?

My order states that he is also not to be taken out of the country without my consent.. she flew him to Northern Ireland and drove him to Southern,, I know Northern Ireland is part of the UK.. but it's still it's own county right ?

Mark

Hi there

You'll need form C79 to enforce the existing order, have you got a third party in mind? You can try and ask for changes as part of the enforcement, if they won't allow that, all you would need to do is apply to add a further application under the existing case (the enforcement) using form C2

It won't be possible to recoup previous expenses but you could try to ask for the costs of enforcement, it's not likely you would be awarded them though, unless for example, she didn't turn up toa hearing.

You can also address the fact that she removed the child from the jurisdiction of England and Wales, Ireland is a part of the UK, but in this instance is counted as crossing borders.

All the best

Thanks as always MOJO..

No I would use anyone she wishes to be fair, but rather it be a family member of hers, I can't use her partner as English is his 2nd language and he can't text.

Would it mean I have to pay for two applications at two costs ?

Mark

If you applied using a C2, once enforcement proceedings were underway, it would incur a further charge.

What changes do you want included?

Just the clarity in taking him out of the country and the speaking through a third party if possible?

I think you can safely incorporate both issues within the enforcement application.

Taking him out of the country is a breach of the existing order, so would be dealt with as part of the enforcement. It would be one of the reasons you would cite as a breach.

As far as speaking through a third party, its sort of tied in with the breach, as she received a police warning for abusive behaviour and since then has stopped all contact... if you put it like that on the form you could suggest the possibility of a third party moving forward.

Fantastic, thank you MOJO.

I can't afford the C79 until probably;y the end of August, will that be seen as me not caring ? Will it matter how soon i put it in ?

No it won't be viewed that way....you could have been hoping that she would see sense and restart contact. Write to her formally and request that contact resumes... as she is in breach of the order, explain that you wish to avoid a return to court, but if agreement can't be reached, you will have no choice but to apply to enforce the existing order. Perhaps you can suggest that she proposes a third party, a family member that you can communicate with, to make arrangements to restart contact.