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Ignoring court order on ''medical grounds'' - help!

  • stressed01
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28 May 12 #333465 by stressed01
Topic started by stressed01
Hi all
Hoping someone may have had experience of the below and might be able to offer some advice.
I have a 2 yr old court order confirming access arrangements to daughter, this is in place because EXW moved daughter 120 miles away to be with her new partner. The order states when I see daughter, for how long etc and also confirm that EXW drops daughter to a mutually convenient drop off point which is half way between our homes.

EXW has emailed this weekend to say that she is having back problems and doctors have advised her not to travel extended periods (this by the way is just one of a very long line of tactics and breaches of the order before I come off sounding too unsympathetic! EXW also frequently flies long haul and competes in races...).

So I have offered to extend my journey so her journey time is only 60 mins each way with a comfort break inbetween. She has written back that she cannot even do this and that I have to travel all 240 miles return despite the fact I work full time and she doesn''t. Her partner lives with her and her mother moved away with her too so it''s not as if she doesnt have anyone else that could drive for her.

So...she is clearly in breach of the order and says if I don''t travel to pick up daughter for the half term coming up...then I don''t see her or for anu future weekend unless im prepared to do all the travelling.
Blackmail?! YES!

If this goes back to court, which due to her unreasonable demands it most likely will - will court say I have to do whole journey? that''s 10 hours driving in one weekend...

Has anyone experienced anything similar?
Thanks

  • jonathancj
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29 May 12 #333823 by jonathancj
Reply from jonathancj
It depends on the judge. Have you seen any medical evidence? Do you have evidence of her inconsistent activities? These might make a difference if the judge is given good reason to think that she''s swinging the lead.

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