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Breaching a contact order

6 replies

skally · 04/02/2025 06:33

Does anyone have any experience of when one parent breaches a contact order?
I can't afford legal advice at the moment and I want to know where things stand when this happens. I'm not interested in going back to court as there's no point.
My DC's father has just decided to dictate his own terms without agreeing them with me which is not how a contract order works. The order is already in place and it's not for one party to decide how things are going to work from now on, this is clearly a breach.
Any help or pointers appreciated.

OP posts:
prh47bridge · 04/02/2025 07:39

If you won't go back to court, he can breach the order with impunity. If you want him to stick to the order, you will have to go back to court to get it enforced. There is no alternative.

skally · 04/02/2025 11:57

I just don't know what to do. He's confirmed in writing that he's not sticking to the agreed dates and frankly I have no desire to force him.
If I leave it as it is what would be the repercussions for me? Could he take me back to court for not complying with his requested contact dates even though I have clear evidence of his breach?
It's clear he has no interest in his DC but he would do it as part of his power play, as this whole thing has been all along.

OP posts:
Dithercats · 04/02/2025 12:01

Make your children available as per the court order, and say sorry not available if requested outside of those times.
Mine started bringing back the evening before they were due, (school is supposed to be the drop off/pick up place) and there's actually nothing I can do - like you I don't want to go to court so 🤷🏻‍♀️

prh47bridge · 04/02/2025 12:03

He cannot take you to court and argue that you are in breach on the basis of his failure to stick to the agreed dates. However, you are entitled to stick to the order and only make the children available on the dates set out in the order.

angelinawasrobbed · 04/02/2025 12:06

Presumably, if you can establish a pattern of him not turning up on his agreed dates, you can apply for
more child maintenance, because you are having them for extra nights ?

skally · 04/02/2025 18:38

prh47bridge · 04/02/2025 12:03

He cannot take you to court and argue that you are in breach on the basis of his failure to stick to the agreed dates. However, you are entitled to stick to the order and only make the children available on the dates set out in the order.

Thank you, this is what I'm assuming would be the case - but he's the type to try.

I feel like this is the nail in the coffin for his relationship with the DC though.

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