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What constitutes a breach of contact order?

7 replies

crackcrackcrak · 02/09/2012 12:47

Any info?
If you are late providing the dc for contact by a short period and you have given sufficient notice they will be late plus a good reason, as one off does this constitute a breach?

By short period I mean less than an hour.

OP posts:
NotaDisneyMum · 02/09/2012 13:31

Technically it would be a breach - but unlikely that a court would impose a penalty and may even issue a reprimand for wasting court time should it get that far.

Only if it were a pattern of behaviour would the court consider a penalty.

crackcrackcrak · 02/09/2012 13:39

Thanks. Reprimand to whom?
How does it work if the sc are ill and the rp adjusts contact to accommodate that?

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NotaDisneyMum · 02/09/2012 14:36

The NRP is the only one who can bring a breach to the attention of the court and ask for it to be enforced - in the case of a one off with notice, or sickness, the court won't look kindly on a NRP taking the case to court for malicious reasons.

crackcrackcrak · 02/09/2012 14:46

thanks notadisney - that makes me feel much better. i did some reading which suggested the same and the term 'obsessive father' was mentioned.
there was also somethin g a judge can do in these circs where they can refuse to acknowledge a breach on the grounds that a contact order may 'need time to settle'.
i also saw case studies where a breach had only been recognised after contact was witheld on 4 occasions with no valid reason.

contact has not been with held, only slightly delayed its just that ex is so damn difficult its hard to know what to think!

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avenueone · 02/09/2012 18:27

It is about time the RP could also bring a `breach' to a courts attention - not in such a small case though I mean just as the NRP can and nota describes very well.

Happylander · 03/09/2012 11:19

The RP can bring it to the attention of the court when the NRP is in breach of the contact order and have been able to do so since 2008. Contact can get reduced where I think they should be fined as well. I could have taken my ex back to court as he consistently fails to turn up but I am skint so I haven't and he has now said he wants no contact anyway.

avenueone · 04/09/2012 20:24

Yes exactly, that then costs the RP party to do so and if the NRP was already on legal aid and the RP not it is no skin off the NRP's nose to go back and forth - thank you for the reply, I agree about the fine too.

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