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C79 action

26 replies

Sparklingwineandcheese · 04/08/2024 08:59

I will keep this suitably vague, in case the family are on here, I’ve named changed it the question seems familiar.

I really need to go back to Court around passport/travel on a CAO. Ex has the passport which I should have and is about to go abroad without giving me dates/getting permission etc, which is criminal according to the Order.

Attempts have been made to sort this out, but ex ignores the passport issue (he is not ever going to give that back to me meaning I can’t travel abroad) and refuses to give holiday dates/details.

Ex very controlling and difficult. Has blocked me on every form of contact, and has changed email address to prevent me emailing. I write via signed for post and he has now stopped signing for them, so I actually cannot contact him at all. We have only had a small amount of contact last week because he wanted to change the drop off times when I suspect he’s away. I refused to agree until he complied with the order, so he re blocked me. His holiday plans are continuing even though I have warned I will need to go back to court.

Latest letter (which he won’t sign for) threatened court.

My question is, if I go back is this a fairly quick thing to do? The CAO took nearly 3 years so I have palpitations over starting that again. My experience of Court seems to be they like to last the whole thing out, we’ll go, they’ll decide they need to make directions around evidence, we need to go back, they decide they need something else etc.

To me it’s quite straightforward the order says X my ex is not doing X and is dishonest and underhand over it. I use a Bartister and I don’t want to end up almost bankrupt doing this. I don’t mind if it’s short, but if I’m looking at months and months with the costs involved I’m not sure where I go. I feel I have tried everything to remedy this, and only Court can sort this, but I have to be sensible over my finances.

Ex unfortunately does not like to be “told” what to do. He feels the Order is there so I can be told what to do, but that he can act however he wants. Reasoning or discussion is just not possible. Even my threat of court will be a “challenge” where he will basically say “she’s not telling me what to do”

OP posts:
Sparklingwineandcheese · 05/08/2024 12:35

Unfairtravel · 05/08/2024 12:16

Its very difficult and fraught. Im sorry you are going through this. As I see if you have several options:

  • Contact the police and ask them to issue a Port Alert if your child will be taken abroad within 48hrs. They will be stopped at the boarder and not allowed to travel. This is a nuclear option.
  • Follow your lawyers advice and go back to court. Think carefully about what you are trying to achieve. Its daunting and costly but can compel him to give you details and hand back the passports after the holiday. However he could continue to play silly buggers. It can be years of back and forth with a million 'last chances' despite some stories courts often don't do much 'punishing'. I wish they would but when you're fighting for your children you have to do everything you can.
  • Let it go. Of course this depends on the age of the children and if you fear for their safety. If they are very young or you worry they will be in danger overseas then of course you can't. But if they are older, sensible and likely to be safe then hes using this to get to you and its working. Grey rock, go along with it, let them go and ask for the passports when you need them to go abroad, if he kicks of about it then he will look awf to the court and you will look like the one working towards solutions.

So the age of my DD is fine, as in she’s under 10 but not a toddler. I will give her a phone that she can contact me on, but when I’ve done this before the phone gets “lost” until the day she is coming home (he greatly objects to her contacting me)

I have all my paperwork ready to go, but your second point is my hesitation. Originally I thought enforcement was going to court saying what needs enforcing and it being enforced. When I looked into it it’s almost as in depth as the original hearing and certainly not a quick thing. Court nearly destroyed me last time, and I am really not keen to do it again. I’m pretty aware that at most he will get told off, even with the criminal side of him leaving the country without permission.
I also know him too well that he will be ordered to give the passport over, then will claim he can’t find it or he needs it. He absolutely will not be told what to do.
He was, and is, abusive and he will last this out to the very end.

I wish there was an easy way. My Barrister is confident we would “win” and could also potentially vary the order, he also thinks we could go for a costs order for having to do it in the first place (this is not a grey area in the Order, it’s absolutely clear) but that it’s likely to take 4 or more hearings, and however many months it actually takes.

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