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PLEASE HELP contact and enforcement orders.

30 replies

Silvercloud23 · 24/03/2014 09:38

I will try and keep this short even tho there's a lot to it. I really need some advice from anyone who has any experience of this.

Basically I have breached a contact order for a good reason and now the other party are going for an enforcement order which includes a witness summonsing me? Has anyone actually been given community service ect?

The letter also states that my sons dad has a right to apply for a change of residency, even tho it would be a draconian measure I would leave them no other choice.(he has not seen my son for two years and has not paid maintenance as he claims he earns less than 5 pound a week even tho he rents his own house out?!) I just need to know how likely it is that the judge would go as far as ripping my son out the home he has only ever known and putting him into his fathers care . Surely the judge wouldn't as that is not in the best interest of my son?

Any advice or info would be great.

OP posts:
ElBumpo · 24/03/2014 20:01

Not in as many words but your posts clearly show that you are not following the correct process, nor do you intend to.

You asked for advice about change of residency as a result of enforcement - we can only give limited advice if you cannot explain the full situation. Your posts currently read very much like there isn't actually sufficient reason to withhold contact and sadly that will go against you in court.

STIDW · 24/03/2014 20:28

"I just need to know how likely it is that the judge would go as far as ripping my son out the home he has only ever known and putting him into his fathers care . Surely the judge wouldn't as that is not in the best interest of my son?"

The probability isn't high but a change of residence isn't impossible. See;

www.familylawweek.co.uk/site.aspx?i=ed52522

However there is a higher probability a judge will grant a Shared Residence Order to equalise the power between parents when the parent with the majority of child care unilaterally decides not to comply with court orders. That's why when a parent has concerns about the welfare of a child and withholds contact they should ask the court to vary the order rather than continue to act unilaterally.

Enforcement orders for community service and financial compensation aren't that common and it's more usual for courts to vary a contact order instead.

NeedsAsockamnesty · 25/03/2014 18:29

I think the op means that the father did not wish to pay court fees so jumped on the back of his mothers claim.

Not that she was linking other payments,

And she clearly has not said why she stopped it,it looks like she's been quite careful not to

STIDW · 26/03/2014 12:44

Although OP did say;

"he took my sons book from him and repeatedly kept saying 'tell me who I am and you can have your book back'"

"My son is only 4 and has been waking up in the night crying that a man is going to take him away, he is even more glued to my hip and keeps saying he doesn't want he man to be his daddy. It's just so difficult ."

"the way contact is being handled is unsettling my son."

As I said that indicates the child has a problem about his identity. If CAFCASS are currently involved and there is to be review hearing it would be reasonable to ask for advice rather than unilaterally decide to stop contact, which may be perceived as hostile leaving OP on the back foot.

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