Court order breach

[Fajita123]

Hi everyone

Has anyone completed a c79 form for when an ex has breached a court order? Ex husband should have children eow and half holidays but has caused nothing but problems and refused to have them consistently for around 3 years. He has told them he doesnt want to stick to the court order as it will mean I will get a social life! He wants them at random times at short notice. He refuses to respond to any emails / messages I send him

It is starting to annoy me but I didn't think there was anything I could do but apparently it can be enforced through court as my court order came with an attached warning.

Thanks!

They won’t punish him

you can apply for the order to be modified though to reflect the status quo so you don’t have to continue to ‘make them available ‘ on all of dads court ordered time

Just had a look at it in the app store, love the 'tone meter' function 🤣🤣🤣

Maybe when I do the c79 enforcement application I can request that as he purposely ignores all communication.

App Close was ordered for us when a non molestation order was put in place along with a separate email address i had to set up to serve his divorce papers as don't know where he is living.
Within a few weeks was using the app to question me about my daily routine accusing me of things and then not sorting out contact so I shut it down.
He then abused the email by drafting emails waffling on about his feelings using emotional blackmail saying he was in hospital and a last letter to our son incase he didnt make operation. But although police said it was a breach as he was only meant to access email for divorce stuff they couldn't charge him as he didn't send them and said I could easily have written them. Funny how im locked out of email and cant reset password as he changed the two factor authentication to his phone number.
Why are so many man child's like this?!

Its so pathetic, why cant they just let us live!

My big fear is that my son sees his Dads behaviour and thinks this is how men should behave

All about control when they feel like they are losing it that's when the spitefulness starts, mind games, accusations and worse.
Luckily I have good male family role models to show my DS what it is to be a decent man

Do you have an update on your situation?x

Im really not sure i would take it to court tbh. Its a game for him and i feel as this will back fire for you as your re entering his game ( if this makes sence) my ex husband was like this for years, its ended now (as theres a no contact order).
But realistically im not sure theres much to gain by going back to court!.
Realistically there wont be any consequences, the courts aren't interested in punishing him, they will only look at a resolution!
I would be giving him 30 min (after the time hes due to pick them up) then if hes not there getting on with my weekend. I wouldn't message him about anything unless you really have to.
These kind of men dont care about putting their children first or about authority telling them off, they thrive on playing their stupid little power games. The only way of stopping it is by not playing it!

update

Sent in c79 at the start of the month got court date a few weeks after. During this time had a falling out with teen son who then stropped off and went to stay at his dads - his dad has been filling his head saying if he ever has any problems at home he can go and stay there bearing in mind he hasnt wanted him for years! Had to do a position statement a week before court date - they said it had to be two pages long double spaced etc I did mine focused on why be breached the order had to send it to court and to him. He did the same but it was 58 pages of pure crap more focused on me and his safeguarding concerns, son wants to live with him now etc. I started panicking thinking when it goes to court they will focus more on what he said and the situation with my son I will be under scrutiny. But court were absolutely brilliant they were laser focused on my application that he had not stuck to the original court order and was falling to collect the children as ordered. He denied it even though I have clear evidence. Because he denied it it will now go to a contested full enforcement hearing. The judge said its very serious as court orders should be followed or applied to be varied which he didnt do, he is at risk of serious consequences. The fact he still has my son without communicating with me makes it worse for him as it is a further breach of the order.

I felt so relieved as from his 58 page bundle of accusations I was convinced I would be the one on trial and have to defend his accusations but it couldn't have gone better. They were not intrested in anything apart from my application that he had breached the order. The date for the contested hearing is in a few months.

I am glad I went ahead and completed the c79 and I think it really is a myth that if men dont stick to the court order there is nothing that can be done.....its a legally binding document that needs to be followed and should be followed unless varied.

So what happens to contact now. An order?

Yes u can. C79

I dont thing its necessarily that people dont think that there can be some reprocutions to not keeping to the court order. But for me I wouldn't have done it, I know it would have had a negative impact on my kids as he would take it out on them.
I also think for some men its just part of a game and would intensify the power struggle.

Yes I agree and wish I didnt have to do it but the ad hoc arrangements have been going for years and was very unsettling for my children then he started to question and criticise my parenting while not even sticking to court order....I just thought enough is enough.

He is very arrogant and has complete disregard for the court order and just wants to cause me as much stress as possible. All I want is consistency and stability for the children.

It's shit long term think about your children. U cannot punish him unfortunately. Being a good mum is all u need to do.

Have you been back to court yet? Has your son returned home or is he still with his "father"? Hope it's working out for you

The family courts aren’t interested in „punishing“ parents - they are there to protect the rights and wellbeing of the children.

As others said: no court in the land will force a parent to have their kids and you shouldn’t for him to have them. Sort your childcare out and only send the kids when he’s meant to be having them. If he doesn’t want them then tough titties. Keep a diary or evidenced his refusal if he were to take you to court.

Hey everyone. Son still with his dad not had full hearing yet that is in a few months. Going back to court for the breach is more for my 10 year old as even though my son is there he refuses to have my daughter overnights and wants to play games. I dont mind having my daughter she is lovely but he tries to play mind games with her and plays the victim card as if im stopping contact

I cant deal with the back and forth games when there is a court order. At the first hearing the judge was very harsh with him and said court orders are not a joke they should be followed and sent it for a full contested hearing as he denied the breach. The fact my son is still there is a further breach which will not look good for him especially as he has not varied the order or applied for a c100 for my son. He wants me to have to constantly go back and forth with him while not sticking to the order. Whats the point in having a court order if he chooses to ignore it and still cause me lots of stress and continues with post seperation abuse. Even though it is a stressful I am glad I applied for enforcement, he may not get punished severely but he would have to answer to why he has not stuck to the order. I just want consistency for my kids.