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CAO - can this be cancelled?

3 replies

BackToBasics1808 · 14/09/2017 09:10

Back story - been taken to court twice by Ex-H for contact with DD, most recently last year in which he got every other weekend and set amount of holiday - fine with this. Previously received advice from here as DD and Ex-H had a difficult relationship (due to his new gf) and have not actually seen each other since very early on this year (approx. 9 months)
I wondered if the CAO that is in place can be squashed/cancelled - not sure of the term as it clearly states that I have to make DD available (which I did for a while but for the past 6 months Ex-H hasn't even turned up for contact) as I am scared to plan anything or do anything on the days / times he should be collecting "just in case" he turns up and then tries to claim I'm breaking the order. It just feels like it is constantly hanging over us - for example im worried about Christmas, booking holidays etc
Its all come to light as the new CMS case has been opened (we were under the CSA but he stopped paying and this ended and now the new case has opened and they've chased him and told him he must pay etc) he has got a discount in payment due to the court order saying he has overnight visits which he doesn't, he even lied to them when they called saying he had DD 50% of the time which he couldn't prove so reverted to what it said on the CAO (this I am not bothered about, this is not a money issue) but now that he has been told he must pay I am even more concerned it will start again (there was a lot of abuse/threats/violence on the times he did try to collect which DD refused to go)
I just wanted to know if there was a way I could protect myself from being seen to be breaking the order?? Would I have to go back to court?? Do I just let it run and see if he makes contact?? Could I write to the court informing them of the no contact currently just in case he tries to say I'm stopping contact??
Of course if DD wanted to start contact and a relationship with him I would actively promote this but she is still adamant she wants nothing to do with him
Thanks and sorry for the long post

OP posts:
AliceTown · 14/09/2017 12:40

You'd need to apply to court for a variation.

babybarrister · 14/09/2017 14:57

This reply has been deleted

Message withdrawn at poster's request.

BackToBasics1808 · 18/09/2017 09:14

Thank you for your replies and apologies for the delay my internet wasn't working over the weekend

DD is 13 and very mature for her age

OP posts:
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