[Solved] enforcement order or making a new application?

My opinion is that you go for enforcement - she is simply in breach of the order, and you are losing contact. Definitely keep off social media and the only contact you have with her is occasional texts concerning possible contact. You definitely do not want an online slanging to be brought in front of the court.

alleged messages? did you send or not?

i would rather not say as it is being decided by the CPS what they are going to do.

There has been two sets of messages sent via fb that have contributed to this, one lot to the mother the other lot to a third party unrelated to my situation.

So lets hypothetically i did send the messages to the mother, the ones she gave to the police dated back to september octoberlast year, no threats just going on and being a pain. I have seen my daughter 3 times since those messages to the mother were allegedly sent and have even seen the mother in person, i had paid a £1000 csa also, but i was told in family court she can use messages that date back from anytime. The message which has ultimately been my downfall was quite threatening and pretty nasty but was not at all related to my daughter or this situation. My daughters uncle just so happened to bump into the person who i was meant to have sent this message to and he stepped in and stopped all contact, the mother is just following orders.

Firstly, CSA/CMS have no bearing on contact.

The reason I ask is I seem to recall a string on threads from you asking for help, being aggressive, then asking for help. NOw it seems you have contact but have started that again? or its past stuff, I cant tell.

But I do hop you get a decent relationship with your daughter, she deserves that, but I also hope you learn to behave.

I would try for enforcement but you really need to stop sending messages when told not to. It's likely,( although this will depend on what your ex is able to evidence to the court), that you will get a hearing listed but it's going to be very difficult for a judge to enforce contact with the current and previous circumstances you have told us about on the forum.

Good luck

so if the judge cant enforce it what do i do then,??.

do i make a new application or do i just lose my daughter??

hi twiston,

what is CMS??

The messages to the mother were from last october and september i did state that, and i also stated the reason why contact had stropped was alleged messages to a third party who is not even involved with my daughter or the situation, its just the mother got wind of it and using it as ammo. Also the reason i mentioned paying £1000 csa is not because i think it give me the right to get contact, i mentioned it because she took a £1000 off me and met me in person but the messages she reported to the police pre dated that, so im confused at why the judge would take messages into consideration when i had seen my daughter and the mother 3 times since. sorry if im sounding confusing

so if the judge cant enforce it what do i do then,??.

do i make a new application or do i just lose my daughter??

Thats not what was said.

Of course a judge can enforce. If as you say these third party messages have no threats or info about such matters in there then they probably will enforce or warn her. Because they would be irrelevant and unrelated to stopping contact, I do feel like they might be sinister considering youve mentioned CPS?

However it needs to be reasonable. If she had just stopped. Then enforce. If stopped because making threats - I dont know, say hypothetically, Im going to not return child, Ill break your nose.

A reasonable judge would not enforce in such circumstances.

You may know I now have an order, I know my ex wants me to call her a coniving [censored] - but I wont! Because then she'll be searching for reasons.

I dont understand, are you saying that you know CMS/CSA arent linked to contact but you're confused she took £1000 off you then stopped contact?

Hi twiston

Thanks for replying as it does mean and help alot.

I can of get the feeling you dont understand what i am saying..i was invited to a police station on 2nd of jan to be question about two separate incidents concerning facebook messages sent to the mother of my daughter and a third party person.

The messages i have been accused of sending to the third party are threatening, but i dont get how contact could be allowed to stop as they were nothing at all to do with my daughter, my daughter was not mentioned in the messages, my daughter was not at all implicated, the messages that ultimately stopped contact were a separate matter all together and not at all linked to my daughter or her family in any way.

the messages that the mother of my daughter showed the police that she was getting me done for dated back to last oct sept, since last oct/sept i have seen my daughter 4 times and paid a £1000 csa, so i dont get how those messages from last oct/sept could stand in a family court if i have seen my daughter 4 times, seen the mother in person once and had a £1000 taken off me

i have not been arrested or charged and not heard back from the CPS yet.

all i was asking was not advice on the above but what shall i do in court, go to enforce it or start a c100 from scratch

OK, but again, what you've paid has ZERO bearing on contact.

You've asked for honesty and what not.

Id enforce