Dadtalk

Hi i need some advice i got a contact order to see my 2 year old son who currently lives with his mum the court order stated that i had him for 2 weeks every 4 weeks plus my birthday farthers day ect which i was very happy about this was may 08,after my contact with him last october my x wife broke the contact order with no reason, she later gave a reason 3 months later still with no contact and her reason was that my son went back to her with bruses to his back which she said i could not explain, which i can guarantee that he did not have any but she is saying that she thinks i was abusing him which i would not dream of doing as i love him with all my heart. she is also claiming that she suffered domestic violence whilr with me which again i did not do as i am not like that at all and she has no proof of the bruise to my son as she said in a letter to soliciter that she did not get medical evidence or help as the bruise was healing and he was not in pain when i took him home which i am sure this would not be the case if it was bad brusing as i only have him for 2 weeks, its now been 9 months since the last time i saw or spoke to him in the last few weeks i have managed to get the court order re issued with a penal notice but just a couple of days ago i recieved an application from her where she had applied to the courts to varry the court order as she says she thinks i have to much time with my son as she is worried how i treat him due to the so called brusing and domestic violence and she wants him to start nusery due to this there has still been no contact and there as yet is no court date for this hearing now i moved away from her when we split to start a fresh with the intention of still seeing my son and when i got the court order of may 08 which again took me 8 months of not seeing him i was traveling about 400 miles to pick him up and another 400 to take him back to mine and the same every time which i was fine with as i wanted to see him i now have another little boy with my current girlfriend but miss my older son like mad and i have been thinking of applying for residence on the basis that my x is playing with my sons emotional feelings as one minite she dont let me see him for 8 months then i get court order and i have access for a few months then she stops it again which is now another 8 months i hear that the courts favour the mums i dont work but i am studying for a law degree which is going well and as far as i know she does not work and lives with her parents in a navy estate as her dad is in the navy and they get moved around i have a 4 bedroom house with a good sized garden and my son would have his own bedroom my new partner which i have been with for nearly 2 years was in care as a child so we have had social services involved but they have now closed the case as they are happy with how we are all coping and have written to my soliciters some time ago to say they are happy with the way in which i look after my younger son and daughterthey were only involved due to her being in care as a child no other reason so i need some advice as to where i would stand in regards to thses alledged allergations and if i tried to go for custody what are my chances thanks .

Hi Valley

Thanks for posting about your current situation. We have asked our Legal Experts over at the CHildrens Legal Centre to have a look at your thread and post a reply. This may take them a few days so please hang in there.

Dear Valley

A contact order, as with any court order, is legally binding and to breach the order is unlawful. Therefore your ex-wife cannot decide to stop following the order without the approval of the court. You state in your post that you have applied to court to have a penal notice attached. You have followed the correct procedure and this is the first step which we would recommend. The next step would be to apply to the court for enforcement of the order. You can do so by attending your local county court and picking up a C79 form. You may also find the CB5 guidance notes useful. You can also download the C79 and CB5 from http://www.hmcs.gov.uk .

If your ex-wife has breached the order since the penal notice has been attached then she could be liable for enforcement penalties. The enforcement penalties available to court range from unpaid work and fines to changing the residence of the child or imprisonment in extreme circumstances.

You state that your ex-wife has applied to vary the contact order. At the hearing, the judge will consider whether the order granted last year should be altered in light of what is in your child’s best interests. Nevertheless, until the order is varied the existing contact order is still current and enforceable.

If you have any further questions please contact the Child Law Advice Line on 08088 020 008.

Children’s Legal Centre

Thanks for reply your reply is intresting as i was told that the courts would not enforce the order as my ex has applied to vary the contact order?

Hi Valley

I'll ask the legal brains to comment....

Dear Valley

Thank you for your further query.

It is likely that your ex-wife's non-compliance with the current order and the variation will be dealt with by the court in one hearing. The judge is likely decide whether or not your ex-wife’s allegations have any grounding prior to deciding whether or not to adopt any enforcement procedures for the previous breaches. The court will only enforce an order where the person in breach of the order has committed a breach without good reason. If the court feels that your ex-wife has good reason for stopping the contact then they may not choose not to enforce the order.

You should keep a record of any breaches which have occurred prior to the penal notice being attached and also after it has been attached and request that these are considered by the court as evidence.

It is difficult to advise how the proceedings will progress as the decision lies ultimately at the judge’s discretion. The court will take whatever action is considered to be necessary based on the evidence presented by both parties.

We hope this has answered your query but if you have any further questions we would ask that you contact us directly. The Child Law Advice Line’s telephone number is 08088 020 008.

Many thanks

Children’s Legal Centre