[Solved] Ex could breach court order.

You have a court order for an equal amount of time then that should be the driving factor, if it says equal then most peoples interpretation would be 50/50 or as near as possible to that.

If you do not agree to take your child back on Friday at 5pm what can she do about it and what would she do about it? Those are the things i would be worried about.

If you dont agree with her in advance then she could possibly contact the police and suggest that you have abducted your child, at that point you would have to prove to the police that the court order states equal time and that you taking child back Friday by 5pm would not be in the spirit of the court order.

If you do agree to it but then dont do it, she could use that with the police to suggest that you have abducted your child by refusing to return at agreed time.
I'm guessing she could have the police attend with her to collect child. If you did that i'd suggest you would not be on a good footing with the police or courts and god only knows what she could try next to stop or frustrate further contact.

i'll be honest i've not the most experience with that side of things so i'd hope one of the others will offer their bit of advice.

No matter what option you do it will then depend on how vindictive your ex could become.

if she stops contact your only real option would be to apply to court to enforce and or then vary the order to put set times in to protect your contact for your child going forwards...that would not be flexible anymore and could then restrict you and your child later on.

not an easy situation to be in when an ex is still trying to control contact.

Thanks for the response,

If she withheld access isn’t there a way I can report her to the court? She is disregarding the court order which outlines that it should be equal. The whole point of me going to get the order is to deter her from doing things like this.

By following the order how can I be accused of abducting my own daughter? it's ludicrous.

I was thinking of ringing the police to advise them of the situation and see whether they can help but not sure they’d get involved?

Police can't do anything anyway, even if you had a court order to say you only have your daughter one day and you decided to keep her for two days or a week.
Police if they did visit you, would only visit you if your ex told them that she was concerned about your daughters safety and well being. They would check your daughter is happy and safe and recommend to you and your ex you go to court to sort it out. If your ex doesnt mention any safety concerns to the police the police will basically tell her to do one and go through the courts.
The judge on the other hand wouldn't be pleased if it went back to court.
You have a court order so police would just laugh at her.

It's all hassle regardless and some advice would be go along with her demands.
But sometimes you got to make a stand against these evil controlling ex's.
But seriously don't worry about the police they won't break your door down and remove your daughter kicking and screaming and arrest you for trying to stop them.

Only if it's baby that's suddenly breastfeeding according to the mother will the police attend with social services to make sure social services are protected from a apparent nut case dad.

How old is your daughter?

Basically don't even think about the police.
It's either give in to her demands and lose time and be controlled in a way.
Or make a stand get your court ordered time with your daughter this week , then maybe not see her again for a few weeks or maybe months while it all goes back to court due to the ex stopping contact completely.
Or be a dude and say ok no problem il drop daughter off at 5. Then use the evening to take your current partner out for a meal or something and if your ex can find out somehow it'll [censored] her off. Women do these games play them with the same game.
Women told me this. Do stuff like ask your ex if you can skip a weekend cos you want to take your partner away, and all off a sudden your ex will want you to pick your daughter up earlier and drop her later lol

She's six mate.

Thanks for your reply. I'm supposed to pick her up tonight so I guess will find out later what she wants to do. We've been split up over four years now and she needs to just move on. it's so frustrating for my girlfriend too. I know my ex puts my girlfriend down in front of my daughter, disgusting and childish behaviour.

If the mother breaches the order then yes, you can apply for enforcement. However, I would't advise doing that based on one breach.

Better to tell the mother that she will be in breach of the order and you will have no hesitation applying for enforcement of the order if she purposely chooses to do this.

Or, you could state that you do not agree to this variation of the order but you are happy to compromise by having a relaxing few days with your daughter so she isn't tired before school and will return her Saturday afternoon as previously stated.

I think going back Saturday is a good compromise as it will give your daughter Sunday to get her things sorted for school on Monday. There's no reason she should need to go back Friday.

Best of luck

Thank you for the response, greatly appreciated.

I agree with Yoda, keep it calm and non confrontational, but be firm. You’re suggestion of Saturday is more than fair... What preparation is there for a six years old that requires the whole weekend! Ludicrous.

Be clear that equal means equal and if she isn’t abiding by the order, enforcement will follow. Explain that it would be better for all concerned if you can avoid such action and work together in the spirit of the order.

Best of luck

Well, I went last night to pick her up and she wasn't there. Ex said she was not going to let me have her as I had threatened not to bring her back (utter bull). This was because i messaged her Wednesday night to try and take control of the situation by saying she would stay with me until Saturday night. In my defence I did this before some replies came through on here.

She called the police again and I was told to go through the courts as I was adamant she had broken the court order.

How do I report to the court that it has been breached, or do I need to pay to tell them I'm being taken for a ride again?

It's not right. It's soul destroying, 🙁

As the case has been closed, there is no option available to tell the court about it, except by making a new application.

It might be a good idea to get a solicitors letter sent to her, to remind her that she needs to adhere to the conditions of the order, holidays must be equally shared and that if there are any further breaches in the future you will not hesitate to make an urgent application to the court for enforcement.

It’s cheaper than a return to court and it might work. As Yoda has said, it’s not a good idea to apply for enforcement after one breach, but by sending her a formal letter, you are putting her on notice that doing it again will have consequences.

All the best