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Enforce an "interim" contact order in court?

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22 Apr 12 #325788 by Another LIP
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Hey everybody... :)

I''ll dive right in with some background.......

My son is 11 months old and lives with his mum. I live 100 miles away although will be moving to within 1 mile in a few months. I''ve been acting as a LIP and have been doing pretty well. I''ve manged to get a PSO and an interim order so far with little trouble.

I''ve had an Absolute nightmare with the ex. I have a harrasment order against her after what the police described as the worse case of harrasment they had ever seen. Luckliy for her the crime happened officially where she lives and the police went soft on her as she is a young mum.

I''ve had to deal with every kind of lie possible. She claims domestic violence with no evidence whatsoever and infact it''s the other way around. She also claimed in court that i was aggressive and violent in the contact centre when I saw my son. Of course I can prove that never happpened and have it in writing from the contact centre, so looking forward to letting the court know she disrespects the court in enough to tell blatent lies.

So......

I had (with difficulty) got her to agree to contact weekly at a contact centre. There were 8 sessions sheduled before our court hearing and she turned up to only 1 of the 8 before court.

Then we had the hearing and the judge ordered an interim contact order of weekly sessions every weekend starting immediately. The judge was great and my ex tried to complain that my son couldn''t go to contact becuase he was ill. The judge must have seen how much she is messing about, as she specifically told her that she is to take him nevertheless. For me that''s fair enough..... he''s not going to do a days work digging holes at the contact centre is he!

Anyway, the first session came, and she cancelled, saying he was ill. She is either messing around or by boy is the sickest little boy on the planet. The following weekend the contact centre was closed for easter. Then this week she just didn''t turn up at all. The contact centre tried calling her, but she didn''t answer. I''m absolutelty gutted. I''m sure she''s loving it that i made a 200 mile round trip to wait for them to not turn up! :(

So, my questions are.....

Can i file a C79 and try to get it enforced, as it''s only an intermim order?



Also,how long will I probably have to wait to get this type of hearing, and could I just go to the court and ask for a without notice emergency hearing in her abscence?

Thanks everybody! :)

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22 Apr 12 #325795 by Joe2020
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Another LIP wrote:


Can i file a C79 and try to get it enforced, as it''s only an intermim order?

Also,how long will I probably have to wait to get this type of hearing, and could I just go to the court and ask for a without notice emergency hearing in her abscence?


Glad to see its not just me who ended up with a psycho.

A contact order is a contact order so a C79 is no prob.

Don''t know about an emergency hearing so if no-one on here knows then contact the court tomorrow.

If you have to file a C79 then do that and let your ex know.That way she may turn up at the next contact so as not to get into trouble.
From the sound of it though she wouldn''t give a damn anyway.

Don''t know how long to wait for a C79 hearing.

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22 Apr 12 #325802 by Another LIP
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Thanks for the quick reply dude.

Yeah psycho is not the word. I got sent over 1000 FULL A4 pages of block text SMS messages telling me how much she wants me, my family, and everyone I know, to die as painfully as possible. That''s not to mention in excess of 20,000 calls to my mobile and office phone!

To top it all off EVERY time I see her she later tells someone (the police/CAFCASS/social services etc) that I attacked her. It makes it impossible as I am not safe to be around her, which makes contact pretty difficult. Of course, that''s her game anyway! :(

OK I''ll file a C79 tomorrow. My question about how long it will take was that if it takes more than a week to get in court, we''ll have another session of contact and no doubt she will turn up (which is good).

Her game is to mess me about as much as possible and ensure there is no continuity of contact so she can argue that no matter the circumstances, contact can''t be moved on as my boy hasn''t spent much continuous time with me!

So I''m worried that I''ll file the C79, she turns up to contact next week, I get to court the following week and the judge throws it out, and then she continues ot cancel most (but not all) sessions subsequently.

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22 Apr 12 #325804 by Fiona
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When are you due back in court? It isn''t an emergency as such so applying for a hearing without notice is inappropriate. However, if you apply for enforcement you may not need to wait as long as you did for the first contact hearing.

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22 Apr 12 #325807 by Another LIP
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Thanks Fiona

I''m back in on the 30th of May.

I was worried I''d have to wait 6 weeks or something for an enforcement order hearing.

Hopefully it would be pretty quick.

Also I mentioned that I live 100 miles away.

When i last submitted my applications i drove there in person.

Does anyone know if it is it possible to fax the C79 to them and make a card payment?

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22 Apr 12 #325811 by Joe2020
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Another LIP wrote:

That''s not to mention in excess of 20,000 calls to my mobile and office phone!


Lol ! So it wasnt just me who got countless humiliating and embarassing calls to my workline.

Please tell me she texted/phoned your friends,work colleagues to humiliate you and I''ll be a happy man.

(Didnt care too much for the assaults.She can''t punch anyway although she can scratch like a trooper)

I feel much better now.

:woohoo:

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22 Apr 12 #325814 by Another LIP
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Oh yeah, you''re ok I had all of that.....

I run a small business and could barely get an outside line for some time. She spoke to people who worked for me telling them what she thought of me and also used any mildly negative info she''d got from me previously about them, to really make things difficult!

I also had all the assaults that you describe. Infact she has a recording (that i didnt know of at the time) of her going crazy and trying to punch the hell out of me, whilst at the same time screaming non stop, "stop hitting me... please..... etc). Luckily I can be heard on the tape saying, what are you talking about - you''re the one hitting me! My mum got sent that one! ;)

I could go on to the suicide threats i used to get whilst she was pregnant, the ambulances I''ve had to call out for her, or even at the hospital when my son was born, behind my back she was telling the midwives I was abusing her, and the dumb midwives made a report to social services about it!

Basically after the harrasment notice the harassment continued, but in a much more calcualted way.....

Nightmare huh! I feel for you, having gone through the same thing.... And what I''ve said there is only 5% of it. If i started talking about the multiple personalities that pop out once in a while i''ll be here all day! ;)

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