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hi im new to this forum not sure if im in the correct thred,im after some advice / help. i split up with my ex about 6 years ago,we have a daughter together,access with my daughter was fine until i met a new partner,i have been with my partner for 3 n half years now and we are getting married next year.from the first month of us being together my ex has been nothing but trouble she made access very hard so i had to go to court in the end to get access of my daughter,she made up things about my new partners daughter saying that things went on ,basicly the kids were 5 at the time and played doctors and nurses and was curious as some kids are,so she stopt me having access with my daughter beacuse of this.i went to court then mediation ect.anyway went to court got my access and also kept the kids seperated for one year as i had to build time up with my daughter as my ex stopt me seeing her for best part of nine months,so i kept my new partners daughter and my daughter apart for one year with the court order and access i had my daughter every sat 230 til 730 and every wed i pick her up from school and take her back at 530.as from today the year is up on court order and the two girls are now allowed together and they are both now 8 years old.my ex text me today saying she doesnt want my daughter any were near my partners daughter and she said im not having here any more if there is a court order in place and i have kept to the terms can she do this or do i have to back to court?i thought a court order is a set in stone thing to prevent this access being messed with 🙁
If the court order specifically says that after 12 months the two girls can be together during your contact and the mother is refusing this then she is in breach of the order. I would definitely write to her or her solicitor and remind her what the order allows and that you are within your rights to,expect that this will happen, if it doesn't you should point out that you will apply for an enforcement of the order without delay.
Unfortunately some parents think its ok to flout a court order, as many on here can attest to. If she won't tow the line then you have the option of returning to court. There is a fee for applying for enforcement and you would need form C79 to submit to court. If you are on benefits or a low income you will be entitled to an exemption com the court costs and you can claim this with form EX160a.
is there a court order that stops her doing this again so i dont have to go to court every time she stops me having my daughter. as last time i didnt see her for 6+months.i thought once i went to court that was it set in stone she cant stop me seeing my daughter ever again. how much are court costs are they in the £100,s as last time i had legal aid but now they have stoped this now.will ring my solicitor tommorow morning first thing very greatfull for advice thankyou 🙂
Unfortunately no. There are dads here that have had to return to court repeatedly to enforce an order. If you have to resort to going back to court then ask for a penal notice to be attached to the enforcement order....your solicitor will know bout this.
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