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Pseudo names used: This year my son's mum, Anita, has consistently broken any Order set in place for contact between Josh (my son) and I. This includes attempting to break up Christmas 2012 contact, no contact over the February 2013 half term and changing May 2013 contact (giving me less than 24 hours notice). On 28/9/13 Anita failed to bring Josh from down South to North Wales for 24 hour overnight visitation at my home; only allowing him a 5 hour afternoon visit with me. Anita claimed she could not accommodate overnight visitation at my home because she has a new job. Josh told me Anita does not work but irrespective of this she has a husband (Tom) who was off work and could have facilitated transport. On 18/10/13 Anita sent a text stating she no longer has a job raising further suspicion that she never had one in the first place.
I have evidence Anita and Kerry (my daughter's mother) regularly work together in an attempt to disrupt visitation with my children any way possible. On 17/9/13 I finished a Contact Case with Kerry where she was told she did not have to provide proof of her working hours in relation to travelling arrangements. 3 days after this, 20/9/13, Anita said she could not bring Josh to North Wales because she has a new job (see above). It appears as though there has been a conversation between Kerry and Anita which led the latter to test the boundaries of the Contact Order once again. The latest flouting of the Order is not an isolated incident therefore I am inclined to apply for an Enforcement Order. I'm concerned that I am being hasty because the most recent Contact Order was set at the final hearing, June 2013 and this is the first time she has flouted it. The other incidents where she flouted the Order were during the court case where an interim Contact Order was in place. I am, however, concerned that her behaviour will escalate and want to nip it in the bud. What are the chances a court will follow through with consequences at this stage? Shall I file for an order to ensure Anita's behaviour is on the court's record?
I have a court order set up, And the week after it was agreed by the judges, it was broken and disrupted. I'm planning on filing for a enforcement order already , so if your case has been escalating since June, Then that's not too early at all.
Like you said you need to nip it in the bud asap.
Its a common problem that parents simply disregard a court order. Its a order from the courts that they MUST adhere too.
The key thing is proof though, texts, messages etc. I doubt very much they will take your word for it.
Keep records of everything.
I have the forms for Enforcement order and the price of it if your planning on doing it alone, Its not too complicated.
If you want them give me a shout.
All my evidence (in the form of texts) and the enforcement order is good to go. I think I am looking for some reassurance that I'm not being petty. You have confirmed for me that I'm doing the right thing. Thanks 🙂
... Hate to burst your bubble but if you take this back to court having only got the order in June, and this being her first transgression, I doubt it will be looked at favourably.
If you have a look through the previous posts you will see that contact orders are rarely enforced, and that is when the breaches of the order have been consistent over a period of time.
If you were wondering why I thanked your previous post....my finger caught it by accident...sorry!
I have been using the "3 strike rule" with my ex over the last couple of years
she has continually broken order after order....delayed contact by months in most instances....i always gave her 3 chances to put contact back to how it was set out or take her back to court..
1st broken contact - Strike one....give her notice not to do it again for the sake of the kids
2nd broken contact - Strike two....give threat of enforcing court order and gave her ntoice of the penalties the courts could impose
3rd broken contact - Strike three...no more chances.....apply for enforcement.
following broken enforced order i no longer apply my 3 strike rul....its now 2 strikes......1st stike i give warning.....2nd she will get court papers....i'm sick of playing her games!
(touch wood) not had to use my 2 strike rule......yet!
That sounds like good plan...Depending on the severity of the breach of course. Thanks for this advice, it's really helpful 🙂
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