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Going against court order - going back to court?

3 replies

Smokeandashes · 28/03/2021 18:24

I posted in a different thread about how my exH is not sticking to the court order and not allowing DD to phone me even though the court order specifically states this should be facilitated by both parents. People have suggested going back to court... I just wondered what this would entail, could I do it without a solicitor (am skint)? Would we have to go through caffcass all over again? Thanks

OP posts:
Fireflygal · 28/03/2021 18:31

You could phone the court for advice on enforcement of an order, the form is available to download c79. Can you prove he hasn't allowed contact? Otherwise it could be his word against yours.

It's worth writing an email ahead of time to request contact and then follow up if he fails to allow contact so you have documentation.

You could also send him a letter pre court so that he knows you are serious.

Just be prepared for him to deny or have excuses.

Smokeandashes · 28/03/2021 21:57

Thank you Fireflygal for your advice. The only proof i have is my daughter repeatedly telling me she isn't allowed to call, and getting upset about it. I am 100% sure my ex would deny it though.

OP posts:
Fireflygal · 29/03/2021 11:02

I would send an email prior to calls suggesting or asking for a time. Mention the court order but be civil and business like.

You should wait to build up some evidence as a court can't act on your say so.

Also remember he is likely to be doing this because he knows it bothers you. If your daughter is OK with a call then decide if the battle is needed.

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