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TOPIC: Breach of Order Letter

Breach of Order Letter 3 weeks 6 days ago #101881

  • SGhit
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Hi all,

I am looking for some advice, I recently obtained a court order and the order states that my ex wifeh as to make my daughter available for 6 nights of the month, alternative Christmas and New Year arrangements and I am able to have her for 2x 7 night holidays per year.

This order has been working perfectly until Christmas has been mentioned. The order states that I am to collect my daughter at 2pm on Christmas day and drop her off at 6pm on Boxing Day and vice versa each year.

My ex is now refusing to let me have access to my daughter and is stating I can have her on the 23rd/24th December. I have tried to advise that this is in the court order but she will not conform.

I have looked into a few options and I would like to write a letter, stating that she is in breach and that I will enforce the order if the breach continues and advise her on the possible sanctions of breach.

Has anyone sent a letter like this or have a example?

Thanks in advance

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Breach of Order Letter 3 weeks 6 days ago #101896

hi,

during my case, barrister suggested alternate days for special occassions each year. i said not a good idea as these occassions are 2 days a year and not fair on one parent to miss out completely. so i went with the half day options. is it possible for you to make a half day arrangement with ex so both of you get to see child on xmas day? court order does not stop both of you making additional arrangements that suit both of you.

if shes not interested, then you have already told her that shes in breach and fully aware. i dont think sending her a polite letter will make much difference. your better off just enforcing the order.

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Breach of Order Letter 3 weeks 3 days ago #101989

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Hello,

Thanks for your reply. The agreement in the order is that my ex wife has my daughter on Christmas day morning and then I pick her up at 2pm that and have her until Boxing day 6pm.

I have been given advice that although she intends to breach the order this has not yet happened. I don't want to get all the way to Christmas day and not be able to see my daughter.

I wanted to send the letter as a reminder of what may happen if she breaches this order, send it recorded so I have evidence that she has received this and then if I have to go to court I have this.

I suppose only time will tell...

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Breach of Order Letter 3 weeks 3 days ago #101997

A mother has a license to breach these court orders. What if she says you cannot take her on xmas day because she is ill? She can make any excuse up on the day to stop you taking her.

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