TOPIC: "Shared Residence" order breached after 5 years

"Shared Residence" order breached after 5 years 5 years 2 months ago #53300

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Please for the love of god someone help, im losing my mind,

i have a shared residence order with my ex regarding our 7 year old daughter, it has been fine solid contact 5 days a fortnight for the last 5 years, i have NEVER breached the order or turned up late, she has just told me she picked our daughter up early because of some things shes been saying she does not want me to see my daughter until it is straightened out "in court", knowing a cannort afford a lawyer and legal aid is gone she is counting on my hands being tied, [she has refused to discuss anything with me and wont answer my calls], she has just got into a new relastionship and i fear this is a ploy to move my daughter away, please help, im breaking up

d

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"Shared Residence" order breached after 5 years 5 years 2 months ago #53305

Hi,

I've replied to your message.

GTTS
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"Shared Residence" order breached after 5 years 5 years 2 months ago #53308

A lot , a lot of fathers are fighting in court without lawyers dad43, so don't worry about not having one! There is so much help online and on this forum, you will be better prepared than any lawyer!

As far as I know, if you have a court order and she is breaking it, you can apply for enforcement, if there is a warning notice attached to your current order, you can apply for enforcement straight away, if not, than you need to apply for attachment of warning notice first, I think it's form C78... It is worth to try and remind her that there is a court order and it must be complied with, she cannot override the order, she can apply for variation, but that is up to the judge to decide.
My partners ex just breached the court order 4 times and we contacted her solicitor and court attached all correspondence we had, saying she is not following any of court directions. We are still in the middle of the court case, so we asked for the review hearing to be urgently brought forward. We received a reply within 2 days that the paperwork in now with the judge.
All correspondence you have, keep it and attach it to your enforcement application. We have been told the mother doesn't want contact to continue because the kid (5years old) doesn't want to see the dad, our cafcass officer said that at that age they are too young to decide, so it is not the reason to stop contact.
We don't have a solicitor either and we have been doing well so far, don't be intimidated by courts, I think because so many people now can't afford legal representation, judges are generally ok, if you behave the right way!
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"Shared Residence" order breached after 5 years 5 years 2 months ago #53313

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there is a warning attached to the order and it is specifically addressed to her name!.

thank you very much for the reply

d

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"Shared Residence" order breached after 5 years 5 years 2 months ago #53333

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Hi there

Wiseowl is right and you can apply for enforcement of the existing order. This is done with form C79. You may be entitled to an exemption from the court fee if you are on benefits or a low income, and you can apply for that with form EX160a.

There is lots of info on self representing in the stickys at the top of the legal eagle section and as you have already been to court for the shared residence order then you know what to expect... Since the legal aid reforms many parents have decided to self represent and it is very doable.

Good luck
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Mum and Grandmother, supporting my son who has residency of his son.
I want to see a much fairer system in place, where Dads and their children have a voice that can be heard.
There are many groups of people that have equal rights within our society and its about time Dads were given equal rights too.

"Shared Residence" order breached after 5 years 5 years 1 month ago #53337

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You can also try calling Coram Childrens Legal Centre, they have a telephone helpline for free legal advice, they can be quite difficult to get through to but are excellent.

Don't be scared of representing yourself, lots of Dads on here do. You can also use a McKenzie Friend, they're not regulated though so make sure you get a recommended one.

Also, have a look at Families Need Fathers, they run local branch meetings where you can get advice and meet other parents in your position....

Good luck
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Mum and Step Mum, supporting my partner through the Family Court maze. I feel passionately about children having a right to a relationship with both parents and am currently in training to be an MF.

"Shared Residence" order breached after 5 years 5 years 1 month ago #53340

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thanks so much for the replies, wiseowl mentioned that she can apply for a variation order, but if im not mistaken there is a certain procedure she must follow to do this?, surely not inventing a reason to stop contact breach a shared residence order and making me go to court to seek an enforcement order is not part of that procedure and will be frowned upon by a judge?, her only reasons for breaching the court order have to be made up, as i have always been a totally devoted dad! :(


thanks

d

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"Shared Residence" order breached after 5 years 5 years 1 month ago #53342

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She could apply for a variation, but she would need to show that she had tried to resolve her issues through mediation, unless she is making allegations of domestic violence.

Enforcement applications can be made directly, without the necessity to attend mediation prior to the court application. Because an order is already in place the courts should act expediently to get the case heard.

Unfortunately it can be the case that resident parents make unsubstantiated allegations in court without redress, although it is hoped that without evidence any such allegations will be discounted.
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Mum and Grandmother, supporting my son who has residency of his son.
I want to see a much fairer system in place, where Dads and their children have a voice that can be heard.
There are many groups of people that have equal rights within our society and its about time Dads were given equal rights too.

"Shared Residence" order breached after 5 years 5 years 1 month ago #53350

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"Unfortunately it can be the case that resident parents make unsubstantiated allegations in court without redress, although it is hoped that without evidence any such allegations will be discounted. "

i understand this, but surely they would have to be very serious accusations with evidence to stop a judge imediately enforcing the order thats been in place without a problem for the last 5 years??

thank you very much for the replies.

d

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"Shared Residence" order breached after 5 years 5 years 1 month ago #53351

it's a hard one, sometimes it's enough for the mother to just say you have done something wrong without proving it. Depends on the allegations.... They all take "better safe than sorry" approach and if the allegations need investigation, they may stop contact.... I don't know what it is like when you already have an order, but when my partner took his ex to court, at directions hearing she started crying and saying he used to beat her up, he's a drunk and a drug addict. The judge stopped contact for 4 months (we were only allowed skype contact) on the dot until my partner proved his innocence... Each case is different. If she has been lying in court before they may just dismiss the allegations.....
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"Shared Residence" order breached after 5 years 5 years 1 month ago #53352

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...you would think so and that's usually the case, but I have learnt never say never in the family court! They err on the side of caution and if allegations are made they are likely to want to look further and request reports etc. before making decisions.

From your first post she obviously has some issues and if she is saying your daughter has said things that have caused her to stop contact then it's likely once she repeats them in court the judge is likely to want to look further..not because he believes her but because a child's safety is concerned.
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Mum and Grandmother, supporting my son who has residency of his son.
I want to see a much fairer system in place, where Dads and their children have a voice that can be heard.
There are many groups of people that have equal rights within our society and its about time Dads were given equal rights too.

"Shared Residence" order breached after 5 years 5 years 1 month ago #53357

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Sha has no choice but to lie through her teeth, my daughter will already be beginning to feel the fear of not seeing me....

I have the C79 form, and will be taking that to the court the beginning of next week, hopefully i wil get a quick hearing :(

thanks

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