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Legal Advice needed

(9 Posts)
OliandMimisMama Tue 27-Sep-16 13:07:01

Hi,
My ex took me to court for visitation and he is in breach of that court order. I am broke due to legal fees and legal representation. I need some FREE legal advice, can anyone help?

prh47bridge Tue 27-Sep-16 13:20:05

How is he in breach of the order? Are you in England?

OliandMimisMama Tue 27-Sep-16 13:39:07

Hi, Yes I am in England. He is supposed to have the children every other weekend. Pick the children up from school and return them on Sunday evening, but he is not having them at all.

Mybeardeddragonjustdied2016 Tue 27-Sep-16 13:41:55

I doubt a court order will stop him being a compete that.
Keep details of all missed dates /times.
When it goes back to court he will likely lose access if he repeatedly lets the kids down. He isn't being a committed or responsible parent. No loss to them surely!

OliandMimisMama Tue 27-Sep-16 13:45:17

It will only go back to court if I pay for it to go back to court, which I can't afford. This is why I need Legal Advice.
We went through the whole Cafcass interview, being investigated etc.. I need to know legally whether I can stop any visitation AT ALL legally.

MrsBertBibby Tue 27-Sep-16 13:49:24

Contact orders are only enforceable against the resident parent. There's no penalty for not taking up the contact that was ordered.

How long is it since he saw them? Has he completely stopped, or is he just very unreliable?

OliandMimisMama Tue 27-Sep-16 13:57:19

He only sees them for a few hours when it is convenient for him. Didn't see them for 8 weeks then saw them for 1 1/2 hrs then couldn't see them again and I found out he was overseas with his new GF. Can't see them again this weekend. AND so it goes on

Fourormore Tue 27-Sep-16 15:09:55

Does the court order your ex to take up the contact? Or does it order you to make the children available?

JMKid Tue 27-Sep-16 21:22:43

No court will order that he takes them just that you can ask for the order to be changed. Had my final hearing today and was told would need to give it 6 months before they will do that. In my order it says i have to make LO available or in breach but nothing about if he doesn't show up that's OK!! hmm

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