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anyone ever been through the enforcement process??

  • sleepybird
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19 Sep 12 #356812 by sleepybird
Topic started by sleepybird
Hi

My partner sent a C79 off on Monday as ex is giving 4 year old son the choice of whether to stay with daddy or not even though its stated in the order that my partner has contact and theres been no issues with him staying before.

As a result he hasnt seen his son for 6 weeks

does anyone have any experience of what to expect from an enforcement hearing?

My partner is worried that it wont go well.

Is there a possibility that my partner could end up with less contact time as stated on the current order?

Thanks

  • eyes on horizon
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19 Sep 12 #356820 by eyes on horizon
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Not personally sb but reading your posts I would most certainly recommend handovers are made way from the ex home and he should request this, perhaps even via a third party. My ex played a bit similar to your oh ex and this nipped it in the bud instantly. Handovers are now either pick ups from school or at grandparents. Best of luck. Make sure he''s keeping a diary.

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19 Sep 12 #356821 by sleepybird
Reply from sleepybird
Thanks for your reply

do you mean a diary of everything that goes on?

  • disneybunny
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20 Sep 12 #356926 by disneybunny
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Going through it from the other side. Not been back to court yet. I have offered a third party come to the house to collect the children but my solicitor has put in that if son does not wish to go he will not be forced. However my youngest aged 4 can be forcibly removed for contact against her wishes.
Total nightmare hurting a small child so he can have HIS contact while her brothers are free. Wil see what happens. Ex has told me the judge will get me and punish me, he was laughing about this by the way not upset at not seeing the children.

You know there are times when I wish we could all just swap around so the good dads and mothers work together and the bad ones can get lost. Sigh. Good luck anyways

  • mbird
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20 Sep 12 #356930 by mbird
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If your son did not want to go to school, would you force him?
How is a small child being hurt? Surely if there are child protection issues, Cafcass could help?

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20 Sep 12 #356934 by sleepybird
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That''s exactly the question my partner put to his ex and her answer was that he always wants to go to school and that he''s capable of making his own decisions.
He always has a great time with us and has on a few occasions said he wants to stay longer, doesn''t mean that my partner doesn''t take him
Home though.
it''s ridiculous and I think that he picks up on the fact that she doesn''t want him to see his daddy and has said that he doesn''t want to come because mummy won''t love him anymore.
There are no welfare issues with my partners case and CAFCASS have never been involved.
I just really hope the judge sees this for what it is and that he feels torn and wants to please his mum.
However since my partner told her he has sent the c79 application he has had telephone contact and son is saying he wants to come this weekend, we''ll just see what happens when he goes to collect him this time.still the court case needs to go ahead otherwise she''ll think she can chop and change her mind when it suits her.

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20 Sep 12 #356936 by mbird
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sorry sb, that post was for disney bunny.
Good for you, I understand your situation, the children almost feel like they are letting down the PWC. It is awful what some parents will put their children through. My stbx interrogates the children the minute they are through the door. Then in front of them says and remember if you don''t want to go you don''t have to.
It is sickening. Keep on plugging in there, she is legally obliged to make the children available for contact, it is a court order, she will be told this. A judge will not like someone going against what they have ordered and have seen and heard every trick in the book.
Also, she could be forced to do community service if she still does not comply and in some cases the judge has ordered a transfer of residence as the mother was being so obstructive regarding contact.
There is also the case of parental alienation, CAFCASS can also investigate this. Good Luck.

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