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Contact order breach????

  • sleepybird
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09 Sep 12 #354811 by sleepybird
Topic started by sleepybird
Back here again for more advice, i posted a while ago about a variation order as my partners ex was not allowing any additional contact to his son even though it was stated in the contact order. she was saying that on the odd occasion son could ring her and request an extra hour with my partner but unless that happens then she wont allow it.

Son is 4 and very confused and i think torn so he wouldnt dare ask her for extra time and seems scared to.

My partner has him for 1 night every other weekend and this will potencially rise to two nights from Jan 2013.

We have had a lot of issues over the past year with ex accusing all sorts and constatly ringing and texting while son is with us and basically trying to stop contact where ever possible.

She has also recently married a man shes known a year and has encouuraged son to call him ''daddy'' which he now does and wanted to change his surname which my partner refused to.

Recently we took son away for 4 nights to a caravan, he had a fantastic time with us all including my 5 year old daughter who get on like a house on fire and was even saying he didnt want to go home.

Ex then took son away for a week which meant my partner missed a visit (which she refused to make up) so my partner hasnt seen son for 3 weeks.

He tried to call him all week this week and son answers the phone and tells him he doesnt want to speak to him and puts the phone down.

Partner asked ex if he could have son from fri this week until sunday instead of sat til sunday as he hasnt seen him for 3 weeks. ex replied that she will ask son whether he wants to. he then got a text back saying ''he said no'' and that he doesnt want to see you this week at all.

My partner still made the hour and half drive to collect son today and stayed in the house with son for an hour but when it was time to leave son was crying saying he doesnt want to go and ex''s response was if he says he doesnt want to then i wont make him. She was asking him things like ''dont you like it at daddy''s house?'' sons reply was ''no i like it here with you mummy''

my partner left very upset and is not sure where to turn as he know feels that contact will stop.

Son always has such a great time with us and is very happy when he stays over and it seems strange that he woould go from having a fantastic holiday with us to not wanting to see his son anymore.

Just some advice needed on the next step.

My partner could have just picked son up and taken him but he didnt think that would solve anything and mum insists on giving the choice to son of whether he sees or speaks to his dad despite the judge telling her in court that this is unacceptable when she tried to use this excuse for limited contact before.

Son is in no danger and there wasnt even a CAFCASS report done on my partner as the judge could see he was a responsible loving father.

Does he now apply for an enforcement order?

He has list as long as your arm of times he has asked ex for even an hours extra contact and she has refused every single time.

Help please, sorry for the essay too

Thanks x

  • MrsMathsisfun
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09 Sep 12 #354818 by MrsMathsisfun
Reply from MrsMathsisfun
Is the child at school yet? Just wondered if he is going through lots of changes and not coping?

  • sleepybird
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09 Sep 12 #354821 by sleepybird
Reply from sleepybird
He started on Wednesday this week for 1 hour a day but this happened back in July also after my partner had picked son up he got a bit upset. There had been a 3 week break between contact then also as ex changed the dates around. son settled after crying for a bit and had a great weekend.

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