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TOPIC: Prison Sentence For Breach Of Contact Order

Prison Sentence For Breach Of Contact Order 1 week 6 days ago #97762

  • Jo247
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Hi,

I’ve read some horror stories about resident parents breaching contact orders by continuing to deny contact, and courts doing nothing about it, so looking for some positive experiences whereby courts have actually enforced the order in some way.

I’d also like to know what type of evidence of breach of contact order would be required for enforcement of order to result in a prison sentence?

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Prison Sentence For Breach Of Contact Order 1 week 5 days ago #97763

  • Mojo
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To be honest, it's very rare for enforcement proceedings to be successful... the family court are loathe to punish the parent, as that can also punish the child.

A prison sentence is right at the extreme end of punishments, the cases that are published usually involve child abduction, where the parent will go into hiding rather than agree to contact. When this happens it's been known for the transfer of residence when the child is found.

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Prison Sentence For Breach Of Contact Order 1 week 5 days ago #97764

  • Mojo
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Here's a link to some data about percentages of successful applications... not very encouraging I'm afraid...

voiceofthechild.org.uk/kb/judicial-enfor...ts-orders-some-data/

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DadTalk Moderator...

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I may not be legally trained... but I have plenty of experience and common sense!

Prison Sentence For Breach Of Contact Order 1 week 5 days ago #97768

  • Jo247
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So what then is the point of an order?

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Prison Sentence For Breach Of Contact Order 1 week 5 days ago #97770

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I think we have to bear in mind that most separated couples manage to sort child arrangements out between themselves.

Half of couples that go to mediation manage to sort arrangements out there, without resorting to court.

Once a court order is in place, there will be a good percentage of ex couples that will abide by the order.

What’s left is a very small percentage of separated couples that end up in protracted and often hostile court cases... where enforcement isn’t enough of a deterrent.

The system is flawed, but it’s the only one we’ve got and we have to learn to navigate it as best as we can. We have many success stories too, let’s not forget that.

The point is we will do everything we can to be a part of our children’s lives, whatever the obstacles... we do it for them.

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

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