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father with contact order not seen kids in a year

  • alexa74
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17 Apr 12 #324534 by alexa74
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My ex and I went to court to sort contact. I had moved back to scotland while he remained in England. This cost a great deal of money on solicitors fees probably around 10k all told. I wanted more contact in Scotland and he wanted all contact in England - that was the main reason in going to court. The order was granted Dec 2010 and he abided by it until March 2011 then stopped and had his parents collected and dropped the children at the court ordered meeting place. Although it transpired he hadn''t actually seen them. He then wrote a goodbye to them and a rot in hell to me in June 2011 and cut of his phone and his parents as it happens. I would like advice on two counts. 1) Should I write to the court in England and advise them of this and have the order cancelled? 2) Do I have any recourse over the costs incurred over this faisco?
I don''t get how I must (not that I wouldn''t you understand) comply with the order on pain of death and he doesn''t have to do anything at all and just disappears!

  • TBagpuss
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18 Apr 12 #324681 by TBagpuss
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You could, if you wished, apply to discharge the order, but this would mean issuing an application to do so, and arragning to serve him with it, so you may feel that you don''t want to open that can of worms.

Do the childrne still see their grandparents?
And do you have any form of address or contact method for him?
If you do, you could write to him (send it recorded delivery and keep a copy) saying that you remain willing to ckeep to the court order but in light of his letter you note he does not currently want to have contact and therefore you will not be bringing the childnre to the hanmdover point at present, but remin willing to comply with the order if he chages his mind in future.

The issue about enforcement is really a practical one - it is virtually imposible to force somone to have contact if they don''t want it, and it is unlikely that such forced contact would benefit the children.

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18 Apr 12 #324686 by alexa74
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They do see the grandparents regularly which we organise between us. I do have a contact address and wrote to him in December saying they miss him and need him and to re consider but he didn''t respond. So I should probably just leave it. No recourse on fees? Or that he agreed and it is noted on the order that he would see them in Scotland four times a year? Many thanks for replying

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