[Solved] time for enforcement, any help or guidance please

Do a forum search for my posts on this subject: search for post by username Dad-i-d and back as far as 4 or 5yrs

I’ve been there done that from 2010-2013 got the orders enforced with warnings of what penalties will be applied if she broke an order again etc…

She failed to extend contact in line with court orders and so i took it back to court for penalties to be applied, i got series of lower level judges than the previous Circuit level who put it back to CAFCASS, they totally fudged and contradicted her own report and refused the previous case officers recommendations for contact.
I then got a “trainee” judge (a Recorder as they’re known) who was pathetic and refused to accept the proof and facts of the case, or the previous history and went with the shocking CAFCASS officer and the result now is no direct contact.

I’m back to square one now where i was back in 2010 fighting to re-gain contact with my child.

I now understand why F4J do what the do….and why so many fathers are seen to just walk away from the kids!

i did a search and found a few posts

i sympathise with your situation . im hoping mine is a bit more clear cut. ive had 3 breaches in 4 months which i can prove via text conversations. contact did not take place xyz dates. location forced to be changed so i comprimised to a change to continue contact.
my court order for this year clearly states drop off at......time, until .....time. pick from/drop off to..... etc

the only thing left "open" is that next year there will be contact to take place during a weekday aswell. "parties to agree day and times" .

So. reading my scenario, its a clear breach of order and its not regarding "increase in contact".

Cant just leave it either and hope things will improve. its something that needs to be done.

i did a search and found a few posts

i sympathise with your situation . im hoping mine is a bit more clear cut. ive had 3 breaches in 4 months which i can prove via text conversations. contact did not take place xyz dates. location forced to be changed so i comprimised to a change to continue contact.
my court order for this year clearly states drop off at......time, until .....time. pick from/drop off to..... etc

the only thing left "open" is that next year there will be contact to take place during a weekday aswell. "parties to agree day and times" .

So. reading my scenario, its a clear breach of order and its not regarding "increase in contact".

Cant just leave it either and hope things will improve. its something that needs to be done.

I do agree with you that it is wrong of the mother to act in this way. And technically, you are correct that the order is being breached.When contact is taking place (i.e. other parent is being "difficult" but not "obstructive") it is likely the court may not take action. Action is generally taken for serious and repeated breaches (i.e.a pattern of serious breaches). Serious should be understood in terms of the impact on the welfare of the child. Frustrating contact (by denying it) is indeed serious, but it might be worth bearing in mind what you consider to be a breach might not be what a Court considers a "serious" breach....but good luck to you, and I hope you do get a positive result for your child.

Just for info: To get an idea of the level that "breach of court orders" must reach and the pace of the courts' increasingly punitive stance towards the "guilty" party - one only needs to remember the unfortunate (for her son) case of Rebecca minnock (who eventually went into hiding after breaching numerous court orders).

https://www.judiciary.gov.uk/judgments/roger-williams-v-rebecca-minnock-and-ethan-freeman-williams-2-judgments/

If it is ordered that contact is to increase and set timings, days etc... Then she's broken the order.

However if its an Expectation of the courts then she has complied with the ordered contact.

The increases if only "expected" "as can be agreed between the parties" then that needs addressing and firming up in a variation to the order.
Then if she stops it from happening is she breaking the order.

Learnt that last year.

update....

in reply to dad-i-id, the issue is with the current arrangements, the last part of the court order is regarding next year where contact will go from every weekend to every other weekend (a reduction in contact ) with a day during the week . and the day is to be agreed between us. no mention of the words expectation of the court.

she had broken the court order by a) not allowing contact to take place on two seperate weekends in past 4 months resulting is 5 days missed of contact and b) i have been forced to accept a change in location without really nogotiating as it was a case of if you want to see your child pick him up from here ....im not coming there. essentially blackmail . so in order to remain amicable, i comprimised to a different location which is still more travelling for me. All because the scrounger wants to save on bus fare and have it within walking distance (although she wont admit that)

Anyway.update

I received my notice of proceedings today: (within 10 days of submitting application).
first directions hearing towards end of Jan.
No mention of submitting a position statement and no other documents to serve on other parties,
Although it says Cafcass must write to court within 17 days with safeguarding checks
(should be straight forward as they closed case after the first hearing in my original application)
Does say though arrive an hour early to allow for discussions to take place?
what is there to discuss?, the court orders been breached, and she needs to be told to stick to it.?

IMO you going back to court will create more conflict and you'll end up getting her back up again I honestly can't see the courts doing anything and I'm sure they will see it as a petty affair, I swear you'd be better off changing your tact with the ex and become more accommodating towards her.

At the end of the day you are going to have her in your life for the next 18 years or so and it would be best all round if you can build up a decent co-parenting relationship with her it would be better for everyone involved most or all your child.

Be the bigger person, be nice to the ex try and communicate with her on a good footing if not for anything else for the sake of your child.

I was nice to my ex throughout my case when all I got was abuse in return but I knew I done all I could to sort things for the sake of our daughter.

I've missed more contact than you have but thats life things do get in the way, family gatherings, if the childs sick ect ect The courts would like nothing more than them seeing you communicating with the ex for the sake of your child and I can't see them expecting either party sticking to the order word for word there's always got to be a bit of give and take.

It all just seems so petty to me I suspect you may shoot yourself in the foot with this one but I may be wrong.

update to this thread

had my hearing for the enforcement

the cafcass letter was obviously siding with mother and she tried to muddy the water by stating i had apparently been coaching the child against her

however she did admit that the breaches had taken place so no need for evidence

judge wasnt happy and stated that its a waste of money and court time and that court orders are set to be complied with

judge gave a verbal telling off stating contact should not be compromised over petty things and there should be better communication such as giving appropriate notice and if child is ill then some sort of proof.

i mentioned there had been a further breach since application (this time it was reverse ..she didnt turn up to collect him as she was out partying and decided it was ok to send someone not mentioned on court paper, but i went back home and she came at 10pm in freezing cold). Also the judge was not happy with the manor in which she approached the change to location.

cafcass recommended SPIP although judge didnt mention it i just got it put in the order so its done and then there is one less obstacle (next time she breaches this wont be mentioned ) .its free anyway

she tried to pull the old stunt off i dont understand english but solicitor spoke same language and was told to explain and then judge asked i want to hear it from you...will you comply?

overall im happy with outcome and worth £215. as i was thinking it was a waste of money and that it wouldnt mean anything,

Judge ordered a compliance order where she agrees to comply. He also warned her verbally that repeated breaches can also lead to child being taken off her.

😀 😀