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TOPIC: Filing for a breach, am I doing the right thing ?

Filing for a breach, am I doing the right thing ? 8 months 1 week ago #88644

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Hi Gents me again (rolls eyes)

Every thing going great in terms of seeing my son but my ex is quite frankly being a pain in the arse and I'm running out of options.

In my recitals of the final order it says parents are to apply for the passport within 30 days and father is to pay. I've gave my ex the cheque 2 weeks after final hearing the 30 days was up on the 3rd of November to apply and I've still not seen the passport depite the passport office saying it takes a maximum of 3 weeks and this of course has now passed.

Here's what I've done since 2 weeks after the 30 days was up.

1) Text have you received passport. No reply

2) A week later called. This was met with abuse saying I'm harassing her when I only called about Passport where abouts. The cheque I gave her has now been lost apparently.

3) Introduce a handover book with covering letter following weekend. First time the book was given back it was full of rubbish and threats of harassment so I've given up on that.

4) 10 days after the book idea I asked again of passport whereabouts she said she recived a letter saying there been a problem and needs to reapply. I asked to see the letter of course this was decline

I really think I'm exhausting all angles here what do you think ? I've now written one last final recorded delivery letter giving her a further 2 weeks to show the passport or the tracking number and also outlining our court order but it says parents are to apply but I feel I can't apply because she saying she has and also I can't give her the holiday days without knowing my son has a passport which I feel she is with holding.

After this 2 weeks so you think I'm in my right to file for a court enforcement order. I really don't want to but feel like I might not have a choice.

Thanks.

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Last Edit: by MrB179.

Filing for a breach, am I doing the right thing ? 8 months 1 week ago #88650

Sounds like you've been more than fair and she's just playing games.

stop with the calling her and or messages she could well go and file a complaint to say you are harassing her...you're not and know you're not but you'll have to prove tha then she could try deceiving court or police in to saying you were...further delaying any application you make.

Since my ex first broke the first contact order i have used the "3 strike rule" i've said it before but on the 3rd strike i apply to court, court have backed me up saying that i have been reasonable by giving her several chances to be reasonable.

Strike 3 for me would have been the abuse in the handover book - make sure you use that as part of your evidence to show her hostility in this matter

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Dad-i-d

i'm not legally trained....i'm just a Dad going through hell to see his child grow up and become a decent man and human being.....my goal is simple...to be the father to my child like my father is to me...my hero.

Started this battle 2010.....who knows when the fighting will stop!

Parental Alienation is real and is abuse!

Filing for a breach, am I doing the right thing ? 8 months 1 week ago #88657

Hi There,
.
I agree with the above you have been patient and she hasn't complied with the order.
.
What is stopping you applying for the passport? I would say there is a chance that she hasn't applied at all with the way she is being about it.
,
GTTS

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Filing for a breach, am I doing the right thing ? 8 months 1 week ago #88664

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Before applying for enforcement you can try writing directly to the judge that made the final order and explaining what has happened and ask if they will bring the case back to court for urgent new directions. Judges have the power to do this for up to 12 months after the case is closed, although some choose not to, it's worth a try.

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Filing for a breach, am I doing the right thing ? 8 months 6 days ago #88667

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Thanks for your replys.

I could try apply for the passport myself but I thought she has applied so that would stop me applying. I've rang the passport office and they have now gave me a email address to look into the enquiry but no response as yet. I'm awaiting the birth certificate in a few days so I may well try this and see what the result is.

I think I'm going to give it one last chance and write a final warning letter and add Mojos advice but think I will give her another couple of weeks this is based purely on the fact I want everyone to have a nice Christmas. Me and my family had no contact last year and I've got my son Christmas eve and day and intend to enjoy this.

Thanks.

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Filing for a breach, am I doing the right thing ? 8 months 6 days ago #88669

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Hi there

I think that's sensible, it's not the best time to rock the boat, with Christmas so near. Hopefully she hasn't made the application and you can do this yourself.. . As you have made the application, would that mean that you will keep the passport, or does the order state that it should remain her possession?

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Filing for a breach, am I doing the right thing ? 8 months 6 days ago #88672

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The passport says is just to be applied for by the parents, nothing to do with who keeps it and I'm to pay. I'm stupid really as I should of just done it from the start and kept it but now I've gave her the cheque (she says lost ) I've kind of let her hold me to ransom for it and in limbo of its where abouts . I think I need to apply for it when birth certificate arrives and if I get it all good and if not I should have a letter for evidence that she withholding it.

Do you think I'm in my right to keep it as I'm paying for it?

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Filing for a breach, am I doing the right thing ? 8 months 6 days ago #88673

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Yes I do, you can also put a stop on the cheque, theres usually a small charge to do this, but at least you would have peace of mind that she couldn't cash it in down the line.

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Filing for a breach, am I doing the right thing ? 8 months 6 days ago #88681

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Thanks. The cheque was payable to the passport office I dome this so i could track when it had been cashed. This is why it's probably been apparently lost. Letter sent off today giving her another couple weeks. Going to apply for the passport next week express delivery then go from there. I let you know how I get on Gents.

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Filing for a breach, am I doing the right thing ? 8 months 6 days ago #88684

MrB179 wrote: In my recitals of the final order it says parents are to apply for the passport within 30 days and father is to pay.


Technically, your ex is not breaching the order because a recital is a statement of intention and agreement between the parties, and therefore not enforceable by court. Strictly speaking, the order starts after the recitals.

See the comment on the 10 February 2017 at 10:26 pm at www.pinktape.co.uk/transparency/our-love-affair-with-recitals/ :

... any lawyer ought to have explained to her that a recital is a worthless appendage (well, not entirely worthless but certainly not directly enforceable).


I'm sorry, I know this is not what you want to hear, but the reality you have to deal with is that no court is going to entertain an enforcement order over a broken recital.

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Last Edit: by superprouddad.

Filing for a breach, am I doing the right thing ? 7 months 4 days ago #89356

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Thanks for your reply.

I just left everything until after Christmas. Since then alot more has happened.

1) refused contact one day
2) refusing to disclose medical information ( my ex claiming sons got mental health problems from going to me )
3) refusing to communicate over sharing bank holidays
4 ) passport still not arrived.

I think court is inevitable and the way I see it and don't want to apply empty handed is. My points of the breach is.

1) she stopped me seeing him one day because she said 2 overnights start in new year which it doesn't and states in the order.
2) She has messaged me saying he seeing medical assistance but refuses to tell me the contact details
3) We have to share bank holidays equal and I've written and text to no reply
4) without seeing the passport then I'm unable to book a holiday

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Filing for a breach, am I doing the right thing ? 7 months 3 days ago #89377

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I would try Mojo's suggestion of writing to the judge and asking it to be brought back.

If that fails, you could either try to make an application or wait until 6 weeks before the holiday and make an urgent Specific Issue Order application.

If she continues to cancel contact, then you can apply for enforcement and deal with the passport issue at the same time & then I'm sure a judge would make the recital part of an order.

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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.
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