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I have a English child contact order, what is enforcement procedure in Scottish Courts for breach

 
JayZee
(@jayzee)
New Member Registered

Hi my son lives in Scotland after his mum won right to move him there as part of the order it was registered in scotland but as part of it i get regular visits and holiday time with him.  

two separate issues are; 

1: Mother recently missed her flight to bring son here for his regular visit and rang up crying saying she can't afford now to buy new ones to bring him, to save her breaching order and him being heartbroken. I ended up paying for a new set of flights on my credit card on condition she pays me back, but now mother says she can't afford it and refuses to discuss paying it back at all, i've suggested in installments but she keeps blanking my messages on the subject.

I suggested taking small amount 20-60 from the monthly maintenance payments but she then threatened to not bring him at all if I did this ?

How do i escalate this to the courts in Scotland ? In England i would escalate using a c79 form for a breach based on financial loss to me, to try and get mum to agree a payment plan for the flights costs. But now i'm reading in Scotland it has to be raised as a contempt of court ? Or do i raise it as a small claims court issue ? 

2. She is also being difficult with dates for next year, i sent her a list she edited it and sent it back , i accepted all the dates except one or two we changed  but the rest were fine and we agreed, now i've booked everything one of the dates she has decided should change location out of sequence from my home to hers , even though it goes against the alternating visits pattern we are ordered to follow , how do i resolve this through court as mother refuses to now budge on her stance ? 

Any advice greatly welcomed , looking to do the court paperwork myself, as still in lot of debt paying off barristers and solicitors in installments from original custody dispute ?

Thanks 

Jay

Quote
Topic starter Posted : 06/12/2021 6:39 pm
Bill337
(@bill337)
Famed Member

hi,

it does seem like a very complex process. I have found this guide for scotish courts: https://www.sharedparenting.scot/wp-content/uploads/2019/08/Representing-Yourself-in-a-Scottish-Family-Court-2021-edition.pdf

You could also try contacting the people at shared parenting Scotland (Formerly Families Need Fathers Scotland) if you need more help: https://www.sharedparenting.scot/

 

ReplyQuote
Posted : 06/12/2021 9:27 pm

how contact centres work

actd
 actd
(@actd)
Illustrious Member

Take a look at this  - you may be able to get the legal advice you need from here:

 

https://sclc.org.uk/

 

 

ReplyQuote
Posted : 07/12/2021 5:22 pm

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