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Hi again,
A little background. I have an order in place where I see my daughter supervised by the mother for 3 months. This finishes in 2 weeks where I get time alone with her.
Yesterday, on the way back from the beach mother has made completely rubbish allegations of me hitting her. This never happened. I was arrested and put in a cell for 6 hours. I was interviewed and it was made clear that it was complete rubbish and was released with no further action
Mother is now saying I’m “ a monster” and I’m never having my daughter alone because I’m this and that. Again I’m completely innocent.
The police themselves said they feel that she is trying to get me charged to affect the order in place as she has tried doing this before.
Shall I submit a C2 form now ? I have previously said I have another hearing in September for a review of the order. Or should I wait the two weeks until she actually breaches the order?
I was told by the police to stay away from her for my own safety regarding me being charged from one of her rubbish allegations.
Thanks!!
Hi there
If you are submitting a C2 for enforcement, you would really have to wait until she breaches.
You could write to her formally (or get a solicitors letter sent to her) to remind her that if she doesn't adhere to the order she will be in breach and if that happens you will not t hesitate to make an urgent application to court for enforcement.
Thanks a lot for your reply.
I thought a c79 was for breach of order ? Sorry if I’m mistaken
She will be technically breaking the order right now as I have been blocked on all forms of communication and hence the not be able to see the little one round mother as I have no way of contacting her.
I’m more worried about making false allegations about me again and getting me in some serious trouble. The police even said she may start hitting herself soon to make false proof.
Is this not something that would be considered by the court should I go and say I am really scared to go round mother again ?
Thanks again sorry for being a pain
Yes a C79 form is to apply for enforcement, but when there are existing proceedings ongoing the C2 form is used to apply for an order or new directions within the existing case.
It can also be used to apply to ask for permission to start proceedings and to be joined as, or cease to be, a party in existing family proceedings.
That’s great thanks again!
Today is one of the days I see my daughter round mother. As of yet she has not replied to my message asking where we can meet given the above issues.
This has happened once before and I wrote a formal letter to her and the court. If this happens again and she does not allow contact today is this enough to apply for enforcement as its now the second time it will have happened ?
If so would I send the C2 or c79 form?
Thanks!!
I think you should put the C2 in now as it sounds like there is enough reason to ask for the order to be enforced already in my opinion.
I don't think things are about to get any easier in light of recent events & getting a hearing brought forward from September isn't going to happen next week. I would think if you put the C2 in now, you should get a hearing within 4 weeks.
Thanks again for the great help! I’ll fill the form out tonight after work and get it sent tomorrow!
Regards the next hearing. I had a previous account here but form some reason it stopped me logging in. You may remember, in my first hearing the ex accused me (again) of domestic violence. Again no proof as it never happened however I had suspended contact for 3 months pending section 7 report. That all obviously came clear, did my parenting course and I’m now happy with the order!
However I’m now terrified that because she been trying so hard with the police to get me charged with something that she’s going to throw the Same allegations in the next hearing!! Surely they wouldn’t suspend contact again with no proof?
I have actually got 2 videos on 2 separate occasions of the ex hitting me, one more recent. Is that something I should mention within the application ? Also she isn’t taking her medication for her mental health. Again I don’t want this to go on for months again so is it best just to be quiet and go for enforcement ?
Personally I would concentrate your efforts on the enforcement, she’s likely to continue to throw allegations, there’s not a lot that you can do about that, just deal with it as and when, if that happens you can make the court aware that you have video evidence that you would like to use as evidence.
You mentioned that you have a previous account that you can’t access, we had an upgrade recently and this has happened to a number of Forum members. Would you like to have access to this account? If so I can ask Admin to look into it. Just let me know and tell me your original username and I’ll get moving on it.
All the best
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