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TOPIC: When to go for Breach of CA?

When to go for Breach of CA? 7 months 1 week ago #97722

  • Yoda
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It's incredibly difficult because it's an unregulated industry. Always, always get a personal recommendation. A name on a website does not guarantee a decent McKenzie Friend service. I would suggest avoiding anyone who is too confrontational in their approach or tries to tie you up in legal speak.

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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.

When to go for Breach of CA? 5 months 2 weeks ago #98608

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So its happened again, where she's said she's unable due to finances to bring our son halfway. for the pick up for beginning of easter holiday, I paid for her Train ticket and also changed it so he could come a day earlier, which cost more, she said she would reimburse me £20 and then pretended she had to buy another train ticket as i got the wrong one. caught out in a lie there.

She also made handover awkward after easter weekend (holiday) and it looked like i'd have to drive him up 180 miles. But fairly last minute she had work stuff apparently and came in to pick him up on tuesday (school day). Another long winded lie shes caught out in. She made it sound impossible to come and pick him up.

Now shes saying she can't afford next weekend. I cant really afford both as its about 60 for 2 train return journeys for her on top of the 60 i have to pay to get myself halfway and back twice. Making it £120 in total if i pay all of it.

In sum, shes breached the court order 3/4 times based on finances this year and 3/4 times out sheer caprice and at worst malice. Should I go for breach now? is it worth it? Will she make a plea to get the child arrangements changed in her favour?

I will move up there if i have to. She wont discuss how much more i might see my son and if he is to stay with me. Prospect of court shared residence proceedings

Incidentally her finances are bad because shes moved to an area where her skills are not in demand, she may also be involved in legal action suing her ex business partner. She moved house in January and sourced all-new items for her home, and maxed out credit cards.


Any advice much welcome.

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When to go for Breach of CA? 5 months 2 weeks ago #98618

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Hi there

This must be so frustrating for you, it certainly seems that you have grounds for enforcement, but as you say it could end up in a change of the order rather than enforcement.

As you may know enforcement applications more often end up with the original order being varied, i was actually shocked at how few enforcement applications are successful, it’s where the courts fall down in my opinion and the one area that if enforced promptly would result in far fewer breaches.

You won’t need to attend mediation but you would need to apply to a court near to where she lives.

Perhaps a letter to her, maybe from a solicitor, to remind her that she is in breach and if it continues you will pursue enforcement.

All the best

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When to go for Breach of CA? 5 months 2 weeks ago #98619

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Thanks Mojo, for your swift response. As i suspected. So b/t Rock and hard place! Quite the Norm now.

Additionally developing today are mental health concerns, as she's had them in the past. At least shes' directing them at her family and not me particularly, but posting them on her social media and its quite disturbing.

I dont think shes any harm to herself, but it looks rather psychotic. Her family are attempting to get 'help' of some sort.

Kind of exacerbating the issue if i go for breach.

dear oh dear.

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When to go for Breach of CA? 5 months 2 weeks ago #98622

Hi Lukatic,

for all the crazy travel and fuel costs, are you making claims for it with child maintenance service, or do you have a private arrangement?

if you can afford it, then best thing to do is move a lot closer to your kids, hopefully without your ex feeling uncomfortable about it.

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When to go for Breach of CA? 5 months 2 weeks ago #98631

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That’s a situation you should try and keep a close eye on, although I’m sure you are already intending to do that.

Sorry I couldn’t be the bearer of better news on the subject of enforcement... hopefully the situation will ease.

All the best

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

When to go for Breach of CA? 5 months 2 weeks ago #98676

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Bill337, yes we have a consent order agreeing to drop off halfway at a train station in london. So costs are supposed to be shared. I think you can offset travel on child maintenance....yes. I dont pay any because of her moving 180 miles away without any consideration for myself or my son. I also paid wayyy over the limit in London, to keep her there and happy (£450 pm), travelling up (60 miles) every week.

I'm looking at a place a mile and a half away from them today! :) :D

Cheers

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When to go for Breach of CA? 5 months 2 weeks ago #98683

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Best of luck with your house hunting!

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

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