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Breach Of Contact Order

Posted by: Anonymous
Tue 25, Jul 2017 at 9:59am

Hi Everyone,
Im looking for some advice here.
Im currently going through court proceedings regarding contact arrangements for both my children with their father.
We haven't had the final order yet but have a temporary court order in place.
The contact isn't being breached however the last time we were in court I made it clear to the judge that father wasn't taking children to out of school activities and making my contact with the children difficult when in his care. Because of this these things were put in the court order. Father still isn't taking the children to the activities and is still making phone contact difficult when the children are in his care. For example his phone is either off, low battery or the children are in the park/pin the middle of playing games. There is a specific time specified in the order so he has no excuse as to why the children aren't sat quietly some where when I phone them.

The order was only meant to be for 8 weeks but due to the court being busy it is now going to go on until Christmas. In my eyes this is a breach of the order and cannot continue until December.
DO I have enough to take him back to court for continually breaching the order even after my solicitor has raised these issues previously (letter ignored by father)

Thanks for the advice

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  • Pc jaybee (moderator) Flag

    I'm sorry you feel things aren't working out in the way that was set out at court. How are the children feeling about the way things are going - such as missing out on talking to you and their out of school activities?
    I wonder how you feel about trying to have a direct conversation with your children's father about what's best for them, rather than via your solicitor? Have you tried mediation, for instance? You're right, December is a long time away giving plenty of time for things to become entrenched and difficult to change later.
    As well as thinking about mediation, you might find it helpful to take a look at a programme on this site:
    Let me know what you think.

    Thu 27, Jul 2017 at 10:20am
  • User-anonymous Rachel1987 Flag

    Thanks for your reply

    He has stated he has contacted mediation and I am awaiting to hear from them. However he states many things which appear to never happen. I am unsure mediation will work as he wants to go to change the court order to best suit him. Not to listen to what I have to suggest. I will however give it a go and see what happens. I will in fact contact them directly myself today
    The children are currently very unhappy with the contact arrangements as they wish to spend a lot more time with myself and less with their father. Seeing them so unhappy is really hard to deal with. They have expressed they wish to keep the activities but father gives them no choice or makes it seem more fun to not go to if you go to church today we cant go to the park.... and also have said its not fair when they call me because if they spend time on the phone to me they will miss out on the games their half sister and cousin are playing and therefore are torn between the two
    The situation is very distressing. Father will not communicate with me as he states when the children are not in his care he has other family members that he wants to spend quality time with. He states the children are happy and there are no problems.
    I feel this is going no where and my children are going to be stuck in a situation where their welfare isn't being put first and they are clearly not happy

    Thu 27, Jul 2017 at 10:46am
  • Pc jaybee (moderator) Flag

    I'm pleased to hear that you're both prepared to consider using mediation.
    Probably, the most important thing, from your children's point of view, is that the hostility between you and their dad comes to an end. My guess is that they want both of you to be happy and for both of you to be happy that they spend time with their other parent without this causing lots of difficulty. It maybe that speaking to you while they're at their dad's is just too awkward for everybody. Are they away from you for long periods? Is it too big a gap for them to not hear from you, or can they cope do you think?
    I really hope mediation helps and that both of you feel that you have been heard and understood.

    Sun 30, Jul 2017 at 12:20pm
  • User-anonymous Rachel1987 Flag

    its too long a period not to speak and the children are too young. I have booked mediation so we will go from there

    Tue 1, Aug 2017 at 9:12am
  • Pc jaybee (moderator) Flag

    Ok, I understand. I hope mediation helps. Good luck with that.

    Thu 3, Aug 2017 at 11:21am