Ex got me arrested that I made a threatening call to a family member of hers. Police arrested me checked my phones and let me go as no calls were made.
Now we have a court order where I have shared residency as well. She went to the school early and picked them up and said I can't have contact with them as I made a threat to her family member. So she stopped me having overnights as was agreed in court order.
What can i do now? She got me arrested purposely and now has pulled this stunt and is in clear breach.
hi,
sorry to hear this. If your allowed to contact her, you could send a polite message/letter informing her that children have right to see both parents, and she should follow the court order. If not, you will be applying to court for enforcement. you can give it a few days. if you hear nothing from her, you can apply with form C79. mediation not required.
Thanks Bill doing the c79 order now
How long does the c79 take to get to court
@Vik2001 would be similar to doing a c100. first hearing could be in 3-4 months time.
ok that could take a while then. she also didnt bring the kids to school today knowing that im supposed to collect them for their overnight stay.
ive informed the school and they have a copy of the contact order. also can i use the c79 to tell the judge what shes doing and ask for more time?
After submitting a C79 you will be called to a hearing for the alleged breaches. The judge will have a few actions at their disposals such a stern warning, fine, community service and compensating the other parent for lost time.
However, changing the child arrangements is out of scope with the exception of correcting any ambiguities relevant to the breaches.
could i say she keeps making allegations against me, 16 in fact finding trial, now after 1year she had me arrested 1 day before our finance hearing in court (which i ended up missing because i was locked up for allegdly making a phone call to her dad)
could i say she keeps making allegations against me, 16 in fact finding trial, now after 1year she had me arrested 1 day before our finance hearing in court (which i ended up missing because i was locked up for allegdly making a phone call to her dad)
Keep a record of all breaches and actions by her that affect your time with the children. Include them with evidence in your application for an enforcement order. Repeated behaviour will looked upon negatively by the court that, if breaches frequent, have the power to make you the resident parent.
Remain positive and calm and let her make a fool out of herself. It won’t last for ever.
got a emergency hearing this week.
im self repping, i will tell the judge she got me arrested before our finance hearing which i ended up missing. then she sent a letter to me saying i wont have access to the kids, as she alleging i threatened her family over the phone, and that could put her kids at harms way because im a threat.
im going to tell the judge this is the 15th allegation she has made against me, got me arrested, made me miss the finance hearing, took my kids out of school so i dont collect them on the days i have them.
i will ask the judge she pays for the court fees, im given compensation for the times i missed with the kids on the day i should have had them. and that its enforced she follows the court order. anythign else i should or shouldnt say?
@Vik2001 thats great. I'm surprised they accepted it for emergency hearing. you could ask them for a suspended residency order. e.g if she breaches in future, then children move to live with you.
@bill337 is that even possible to ask for in my situation a suspended residency order...
@Vik2001 is this the first time you made an enforcement order? there is no harm in asking for a suspended residency order. I have come across some dads that got it.