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is this a breach?

(3 Posts)
caseoftheex Mon 18-Apr-16 11:11:11

I currently have contact EOW and one week night over night every other week. I suggested months in advance to miss the week day over night stay so that she could have a full week with DS over the holidays. 2 weeks before my weekend contact she informs me that she will be away with DS over that weekend. no attempt at discussing the changes, not details of the holiday and no attempt at offering dates to make up the time I will be missing. When I said that I didnt agree she said that she had written in to the courts and had spoken to someone who had told her she just had to give me enough notice.

I understand that you would usually file for enforcement if it was repeated and intentional however there is a history of serious breaches. We have a very strict order and it is clear that all changes to the arrangement should be agreed between both parties and in writing. She had in fact written in to the courts but it was to ask permission to appeal the CAO and this was dismissed.

(I haven't gone into too much detail about our court order and background but the judge has recently threatened to take DS off of her due to her behaviour, there are serious concerns of emotional abuse inflicted on DS - this has been recorded by SS)

Fourormore Mon 18-Apr-16 11:31:38

Yes that's a breach. "Enough notice" haha!

STIDW Mon 18-Apr-16 13:21:11

Whether 2 weeks is enough notice is a matter of opinion. It isn't a breach until it has actually happened. As a general rule of thumb there is little point in returning to court until there is evidence of contact denial on at least three recent occasions. For enforcement you would need to show contact was being denied unreasonably & it was reasonable for you to oppose the change to arrangements.

Problem with going to court is it leaves parents feeling resentful & resistant. Children love their parents & may resent court enforcement against a parent & blame the other parent. That's why compromise & meditation is a better way to resolve issues between separated parents when at all possible.

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