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I do need advice on when to go for breach of order.
Mother said she couldnt bring him (5yrs) down halfway for two alternate weekends after new year (as per the CO CA). I went and picked him up after sending an email from advice on this site (on some1 elses q) to be adaptable and cooperative to 1st breaches, especially if they have a reasonable-sounding reason. The reason was that she couldnt afford it.
Additionally, I'm meant to go up for term-time wednesdays (after a recent variation) howeveer the decision made it difficult to travel 8hrs for 3hrs contact. (I hoped to work in between and have two consecutive days a week contact) to make it financially sustainable. She fought for zero midweek contact. The Churchy magistrate cut the baby in half and gave us both something of what we didnt want.
Anyway she then said she'll bring him down for a weekend recently and i agreed. Then she changed her mind and said she'll bring him down the weekend after, then changed her mind. I would posit that 'such further contact will agreed in writing' last clause of the court order has been breached and unreasonably? She hasn't brought him halfway since the 7th january for our alternate schedule. Furthermore since travelling 180 miles is about 80 quid in fuel and a day off work and she messed up the last 2 weekends i havent seen him for a month -because her halfterm falls on my weekends. I guess the Judge will say you have had the right to go an see him on a wednesday so thats you're fault that you havent seen him for so long
But picking him up and dropping him off for her missed 2 alternate weekends has been £300 odd quid 30hrs driving 720miles because she couldnt afford it. Now she says shes just booked a holiday... and now i cant afford to go up wednesdays.
So to recap she hasnt brought him halway twice (2 breaches with reasonable reasons), missed an alternate weekend (made up for it with me picking him up the next two weekends) - same breach different clasue. And then obviously to rile me up reneged on 2 agreed weekends outside the schedule (possibly unreasonably). Shes clearly trying to hurt me, i'm quite used to it now, its strange how you get used to this abuse. Time will change things.
When to go for breach? Once more my friends?
(Incidentally they were thinking about restricting any future litigation in the last variation but decided not to)
Thanks for any advice
How long ago were you last in court? It's slightly worrying that you were threatened with a barring order [S.91(14)] , but if there are genuine breaches I can see how that could be construed as a vexatious application with no merit.
I think it might be a good idea to write to her formally, outlining the breaches and stating that if this continues you will seriously consider a return to court for an enforcement order.
The 2 agreed weekends that were extra, would hold some weight if the agreement was in writing, otherwise it would be difficult to prove.
I would try the letter, be civil but form and leave her in no doubt that you would be prepared to return it to court if the order isn't maintained.
There was an emergency PS made in December 2017 and CA made by consent in january 2018. she then moved. However i went back In Nov 2018 for a variation so i could see him midweek. Wanted 2 days and to work in between and the magistrate cut the baby in half and gave me after school on wed, its 180 miles away. She campaigned for zero midweek contact. Cafcass suggested/recommended the 91 (14).
I have done everything as you have said before you said it! 🙂 I have texts agreeing to the weekends and also her changing her mind. I attached them to the polite email.
I haven't seen him for 4 weeks now as i've paid alot to pick up my son and take him back in the car for the two weekends she couldnt make half way. And 8hrs travelling on a wed for 3 hrs contact is painful. Hopefully no more hiccoughs,
So one more breach and then unto the court my friends!
Cheers MOJO
I would hope that if you are applying for a breach that you will get a judge and not a magistrate and they are likely to vary the order in a way that works for both of you.
Next possible breach to vex me using my child as leverage will come with a family wedding which is not in the court ordered but she confirmed in her witness statement under oath that she will honour important family events such as this wedding.
So I will wait for one more breach (making 5 breaches - two of which had a reasonable excuse).
I'm thinking all the time now off upping sticks and moving within a mile and a half of him - and my case (for 50/50 shared residence) - would be a carbon copy of C (A Child) [2006] EWCA Civ 235.
Big decision. He loves coming down here. But I would see him more. If it doesn't go well i would be very set back indeed. I will lawyer up and borrow £5K to make sure the case goes to plan. I need a decent MF in the Leceister area to contact.
Thank you MOJO and YODA.
Obviously it's your choice to move. 50/50 can be difficult but not impossible to achieve.
With regard to recommending an MF, I'm afraid I don't know anyone to recommend in that area but others might. If you manage to find one, make sure you get personal recommendations for them as MF's are unregulated.
Ive been ripped off by a McKenzie friend before. He charged me £50 an hour and then halfway through ramped it up to £75 per hour and then charged me 500 for a court visit that never actually happened and paid me back £200. his name was Chris coutanche he lives in wrexham.
Albeit he seems very riled up about going against judges and lawyers and women and the system as it all seems to be sometimes rather tilted against fathers at times and especially in its history of private family law.
But I wasn't satisfied and I got an unfavorable result because my money supply was dwindled by his raising his fee 50% halfway through.
He also played on my desperateness to representation in court when it was unlikely to get a court date.
Plus he advised against communicating with the other party or solicitors when with hindsight more communication was undoubtedly necessary.
There should be a guide on all of this dealing with magistrates, DJs, what to do when lies surface, procedures being able to reschedule. I mean my last case they didn't include my witness statement and evidence in the bundle and being a litigant in person I didn't know that I could reschedule a new court date. Another unfavorable result occured. Another grand down the drain.
I’m really sorry that you’ve had such a bad experience, there are some bad MFs out there, but some good ones too.
I’m going to PM you.
For a Mackenzie friend in your area try the following link from the family law assistance
Naming no names, there’s one there that I wouldn’t recommend!
PM me Mojo because i'm seriously considering using one for court in Aug who i'm already in contact with if i can afford her.
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