[Solved] My ex is in breach of Court Order...plz need help!

Hi, im afraid it sounds like you will have to take her back to court. You can do this your self it will cost you £200 and itsa c100 form you send it to the nearest magistrates court to where your child lives, I beleive its a enforcement order as you have already got a contact order, I would also ask them to define the order , the norm im told is alt weekends from fri tea time if possible pick up from school to sunday tea time, or you could go for return to school on monday if your work allows this, also in the week you dont have him maybe an over night stay or two ? not sure on that one. you need to set it in black and white, about holidays , birthdays, christmas, theres no reason why you should not get this, she is just clutching at straws(uk saying). If you were a threat and your mum and your house why as she only just mentioned this ! silly women, she got scared as your son wanted to stay a bit longer . I would write to her first asking for contact to be resumed straight away maybe put her mind at rest and say you are not abducting him, and give her 7 days to reply and explain she is breaking a court order and it is an offence to do so, if you get no response, get in touch with mediation www.nfm.org.uk set up a mediation meeting as the court will expect you to have tried this route, it will cost you betwwen £60 for n hour and more depending on what you earn , if she refuses to go you can get the mediator to sign a fm1 form this can be sent with your c100 to the court. It can take 6 weeks for your first hearing . so dont delay in sending a letter to her. I strongly advise you do not go round there as she can then get you arrested even on a false charge. In April 2013 legal aid will not be available for family disputes

I have used the mediation service. She did not show up on her date. I got the fm1 form singed by mediator.

After the mediation date she contacted her lawyer and I got the letter in which all these allegations were put forth.

Its been 4 months and I have not seen him. I tired to go to his school and they told me if i come near the premises I will be arrested because she has told them that I am on anti- depressants and that is why I am a threat to him and other children.

Someone told me to fill in c79 form since she is in the breach of court order. can you help me which is the right form to fill?

Hi she is really angry with you isnt she.
If you phone the court up and explain you already have a contact order and it has been broken they can advise you the best form to fill in and fees etc, she could argue you broke the order by having him an extra night, so prepared for that and also she will throw any mud she can.
The school grounds are private so they will have the right to stop you going down there, but they have a duty to give you information on your sons education, and inform you when parent evenings are on and invite you to attend. please do not go to the school or her house this is just giving her ammunition. I imagen thousands of people are on anti depressants and see there children, as long as there are no welfare concerns when he is with you i cant see a problem. you have done all you can its time to go to court.

Yeah but I am denied any kind of information because I rang to ask how he is doing and about parents evening. They said they are not going to give any information out

I told them I have a court order on me and I have split parental responsibilities but they won't listen to me.

My GP has backed me up with a letter that my medication should not affect my child's well being as it has not for past 4 years. I also work for Royal Mail and she has tried to ring my work and cause trouble.

I think she has lost the plot and now last few weeks she is been telling me that she is going to get me deported back to Canada.

I will ring the court tomorrow where else can I seek more help?

Hi here is a template to write to the school they can not keep the info from you

Today's date

Dear [INSERT HEADTEACHER NAME]

My child [INSERT CHILD’S NAME] attends [SCHOOL NAME] and is currently in [INSERT CHILD’S CLASS NUMBER AND TEACHER (if known)]. She/he lives with their mother at [INSERT CHILD’S RESIDENTIAL ADDRESS].

I ask that you please notify me of:

Any parents' evenings or other events that parents are invited to, such as plays and sports days
Any activities where parental consent is required
Any reports or records of my child’s performance
Any concerns you may have about [CHILD'S NAME]
Any other important matters

Under the Education Act 1996, biological parents and those with parental responsibility are within their rights to receive the same information as the mother. There is also a Government leaflet (DfEE 0092/2000) entitled ‘The Schools, Parents and Parental Responsibility’, which confirms this.

I am keen to support my child in his/her education.

Many thanks in advance for your cooperation and I look forward to hearing from you. Please do not hesitate to contact me if you need further information.

Yours sincerely,

[YOUR NAME]

Points to Remember
Make sure that you do enclose proof of your parental responsibility and that you also make a copy of everything that you send for your own records.

General principles for schools
Everyone who is a parent, (whether they are a resident or non-resident parent) has a right to participate in decisions about a child's education and receive information about the child (even though, for day-to-day purposes, the school's main contact is likely to be a parent with whom the child lives on school days).

School and LA staff must treat all parents equally, unless there is a court order limiting an individual's exercise of parental responsibility. Individuals who have parental responsibility for, or care of, a child have the same rights as natural parents, for example

•to receive information, e.g. pupil reports
•to participate in activities, e.g. vote in elections for parent governors
•to be asked to give consent, e.g. to the child taking part in school trips
•to be informed about meetings involving the child, e.g. a governors' meeting on the child's exclusion.
Where a parent's action, or proposed action, conflicts with the school's ability to act in the child's best interests, the school should try to resolve the problem with that parent but avoid becoming involved in conflict.Definition of parent
Section 576 of the Education Act 1996 defines 'parent' as

•all natural parents, whether they are married or not
•any person who, although not a natural parent, has parental responsibility for a child or young person
•any person who, although not a natural parent, has care of a child or young person (having care of a child or young person means that a person with whom the child lives and who looks after the child, irrespective of what their relationship is with the child, is considered to be a parent in education law).

Thanks a lot for your help.

I will write to the school ASAP.

How can I get the police logs ? When officers told my ex to leave and my son told the officers and he wants to stay with me. I am sure If I can get hold of the log that would be good evidence against her in the court.

hi did you get the pc number , I would contact the person who dealt with it or phone the station

If you can get police evidence, it's always going to help in court. You may need to tell the court what happened in your statement, and ask the court for an order for the police to send their logs if the court thinks it's necessary.

I went to court and they told me to first attach a warning notice to my existing court order.

So any idea what happens from here onwards?

by good fortune, yoji has posted on this today

http://www.dad.info/dad-talk-forum/legal-eagle/23398-enforcement-order#23405