• Page:
  • 1

TOPIC: Do we have grounds to apply for C79 enforce order

Do we have grounds to apply for C79 enforce order 3 years 4 months ago #77299

Hi All,

Needing some advice on whether we can apply for an enforcement order.

The order was granted in March 2013 for my son (he is now 11 years old)

It includes the main following points:
Indirect contact weekly via Skype or telephone if not available (I have bought him a mobile phone for this as I'm not allowed Mother's phone number)
Direct contact once per month
additional 1 week contact in summer holidays and extended weekends in other school holidays
Christmas

Also it refers to:
Mother and Father communicate via email + to talk in positive terms about the other parent and family

Firstly, My ex refuses to have any contact with me and its only through email to her Father
Since the order:
* I have had no contact via Skype or phone - I have 3/4 emails from myself asking for this type of contact to be re-instated - they say its up to the child and I shouldn't push it - after 2 years I relented and emailed to say that I am leaving it open for my son to contact me but obviously being a child, he doesn't
* Summer holidays contact was denied for 3 years as Mother booked her holiday the only time I was on leave (I'm in the army and have prescribed leave)
*Christmas has been granted but not without issues such it HAS to be their time for drop-off meaning my Christmas (on boxing day) starts at 11am instead of 10am
*The emails I often receive from the Mother's Father although started pleasant are now rude, always have some sort of sinuation or are patronising
*My mother received an email in May from my ex's Father saying that my ex had said during my marriage (ended 9 years ago!) I was violent and sexually abusive which is absolutely untrue - they were going to go to the police at the time but didn't want to upset my child (who was 2!)
* The mother changed the child's primary school without my knowledge at the end of a summer term and I didn't learn about this till I next saw him in the Sept
* I also had no knowledge of secondary school applications and when I said I wanted to know - they said I should have contact them about it before the application was made - I thought they had to get my agreement before applying

Monthly visits have pretty much been there but there is nearly always an issue, time change, date not suitable - I've only had 2 weekends cancelled
1st time he was going to a party on the Saturday and although I said I would drop him off I was told no
The most recent one because the child has said he doesn't sleep well and he starts secondary school the day after drop-off - this is nonsense as sometimes he sleeps well past 8am and has commented that our house is nice and quiet for him

I have tried to keep my emails as business like as possible - but at times I've said I would take further action if things don't improve.

They now have told me to "get on with my further action"

Do I have grounds for an enforcement order?


As you can imagine I've tried to be as brief as possible but it doesn't completely show what a nightmare its been with communication with her family

Please Log in or Create an account to join the conversation.

Last Edit: by frannabanana.

Do we have grounds to apply for C79 enforce order 3 years 4 months ago #77300

  • Yoda
  • Yoda's Avatar
  • Offline
  • Moderator
  • Moderator
  • Posts: 2641
  • Thank you received: 443
Hi

I think you have grounds to make an application for enforcement. You're right, you can't force the indirect contact but I think the breaches in respect of the holiday and the continued dictation of dates and times could go some way to illustrate that perhaps the mother is not willing to support your son in maintaining indirect contact.

I'm assuming the contact is so infrequent due to living far away from your son?

In respect of the educational issues, you need to exercise Parental Responsibility yourself in that area by contacting your son's school or LEA, here is a link you might find helpful;

www.thecustodyminefield.com/flapp/prmenu.html

Please Log in or Create an account to join the conversation.

DAD.info Moderator

I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

Do we have grounds to apply for C79 enforce order 3 years 4 months ago #77302

Hi Yoda,

Thanks for your quick reply

I do indeed live away from where my son is - I recently moved and currently 2.5hrs away but when the court order was made I was over 5 hrs away

It seemed little point to try to change the once a month access as I will most likely move again next year

The cancelled visits have been in the last few months and the communication between myself and my ex's father has gone really down hill especially since the allegation she made about abuse

I take it I shouldn't refer to that in the enforcement order and just concentrate on the facts of limited access?

As I only see my son 12 times a year and have no other contact, having 2 cancelled in recent months has left me feeling like this is just the start of her behaviour that landed her in court the first time

Please Log in or Create an account to join the conversation.

Do we have grounds to apply for C79 enforce order 3 years 4 months ago #77303

  • Yoda
  • Yoda's Avatar
  • Offline
  • Moderator
  • Moderator
  • Posts: 2641
  • Thank you received: 443
For the first hearing, just keep your statement very brief, list all the breaches and say that you feel the mother isn't adequately supporting your son to keep up with indirect contact and given the limited direct contact, this is an important method of maintaining a meaningful relationship between you and your son. Not supporting the current order will marginalise your relationship further. Something like that.

Pm one of us mods if you want us to look over it for you.

Good luck

Please Log in or Create an account to join the conversation.

DAD.info Moderator

I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

Do we have grounds to apply for C79 enforce order 3 years 4 months ago #77376

I expect other people have this issue but the box for reasons for the enforcement order is really small !

I've written a summary of about 4 paragraphs but that's too big and omitting information so it fits in, doesn't really express the circumstances.

Will they ask for further information or shall I provide it on a separate page and say please see attached page?

I have a more detailed response to specific situations that have happened over the years, should I also include that or wait for it to be requested?

That's depressingly 2 pages plus would need appendices too

Please Log in or Create an account to join the conversation.

Do we have grounds to apply for C79 enforce order 3 years 4 months ago #77381

  • Yoji
  • Yoji's Avatar
  • Offline
  • Expert Boarder
  • Expert Boarder
  • Posts: 512
  • Thank you received: 166
Hi,

You can just put in the box please see Annex 1. Then write all the issues on a separate page titled annex 1.

You should be quite detailed on a C79 as it is your all important backup.

Please Log in or Create an account to join the conversation.

~E=mc2~
  • Page:
  • 1
Moderators: Samantha Downes