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C79 contact enforcement pls help

4 replies

sal1223 · 17/10/2022 20:12

Have posted on legal but not sure if here might be better , thanks in advance if you read this x
Evening all , a friend of ours is having issues with a contacts arrangements order he has in place for his daughter, he is entitled to every other weekend and one day midweek . His ex has breached the order countless times not making lo available / cancelling last minute / very hostile at handover and changing arrangements on the spot taking her back indoors . Friend has suggested now to collect her from school on a Friday and have a family member return her Sundays to eliminate any need for them to have contact, so as not to expose lo to any hostility between them.

On the last weekend he was due to have her he had a txt to say she was stopping contact for now because of the impact it's having on them - and that she has safeguarding concerns . He's pretty dumbstruck by this as contact is always fine and they have fun - no issues . He has asked her to explain further , asked her to consider the alternative solutions to handover , all met with a firm no - contact is on hold .

The advise he's been given on dad support groups is to apply for a c79 enforcement of an order . Does anyone have any experience of this they could share that might help? Is it wise to put in a position statement with the application ? What is likely to hold up as 'reasonable excuse' for continually breaching the order ? I've told him that I think he should go ahead with it because the child arrangements order is legally binding and his daughter has a right to a relationship with him , he's a good dad and she really enjoys her time with him - we have a big friendship group that they're involved with days out / birthday parties etc it's so sad to see him so broken over this . Any suggestions / shared experience would be much appreciated x

OP posts:
Are your children’s vaccines up to date?
Justmeandme19 · 24/10/2022 00:40

From my experience the courts aren't interested in why the order was breached (unless it's safeguarding reasons). Just about getting an order in place that will work.
How old is the child ? Could he collect and drop back to school on Fridays and Mondays? Or use a friend or family member to help with the hand overs ?
If the mother genuinely has safeguard conserns she's responsible for taking it back to court and explaining what the safeguarding conserns are. If there are conserns then that's a different matter.

YerAWizardHarry · 24/10/2022 00:49

@Justmeandme19 did you actually read the OP?? It was agreed he would pick up from school and have a family member drop off on Sundays but she has since withdrawn contact

Justmeandme19 · 24/10/2022 12:45

YetAWizardHarry
You don't actually have to be rude! You could have just pointed it out.

sal1223 · 24/10/2022 19:02

@Justmeandme19 @YerAWizardHarry It was suggested by him - not agreed . He’s since received a non molestation order out of the blue with false allegations of threats against her and he’s absolutely devastated. He can’t get lwgal
aid or afford a solicitor - there’s a hearing in a months time

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