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Penal notice on contact order

  • NonMolest
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23 Feb 08 #14837 by NonMolest
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Hi All,

Court made interim contact order so I can contact my daughter every week at contact centre. But my wife went overseas with my daughter without informing me or court and I have a missing contact from last 3 weeks. On last contact my xtb phoned and mislead the lady at contact centre that she is unwell so cant bring the daughter for contact.

Last week I applied for enforcement with penal notice to be attached to contact order and costs as well and there is hearing this thursday (CAFCASS day).

I dont know whether judge will add penal notice to contact or not. How can I make sure that judge shud attach penal notice? Even if Judge attach the penal notice, does it have any weight in practical terms. Please advice whether enforcement was a good move or not? What else I can do to make sure my xtb dont break the contact order without any reasonable reason.

Thanks
NM
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  • NonMolest
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23 Feb 08 #14866 by NonMolest
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anyone please reply

  • dukey
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23 Feb 08 #14887 by dukey
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Hello nonmolest
Sorry but i dont have good news even if the judge does do as you ask and more it makes little differance a good friend spent many tousands and went to court many times winning every time, the court has no teeth and there are those who lie time and time again to aviod contact, my friends wife was theatened with imprisonment by one judge as she left she smilled at my mate and siad we both know they would never send the mother of a yough child to prison.
Thats his story anyway i hope yours has a much better outcome perhaps he made mistakes,does your wife understand how much pain she is causeing you can you appeal to her softer side, though im sure you have tried its still better to talk to her than via sols and the court.
i hope you see your daughter soon may i ask how old she is my mate daughter was only four at the time.
ill keep my fingers crossed all the luck in the world
dukey

  • attilladahun
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24 Feb 08 #14895 by attilladahun
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The problem with seeking a penal notice is that if there is a future breach is the Court going to send the mother to prison?

Probably not!

The more modern approach is to apply for a Residence Order in the event of repeated breaches.....on the basis that if the child lives with you - you are able to guarantee the mother can have contact......Make sure that if the Mother attends court your solicitor/barrister tells the Court that in the event of further breaches you want it noted on the file the mother has been warned you will seek a residence order and why."
Indeed to shake her up you could lodge an appliclication this week and ask the DJ to make a defined contact order and that in the event of the mother breaching the order by not making the child available for contact on more than one occasion without good reason you shall be at liberty to restore the residence app on 7 days notice when further directions of the Court will be given"

Now that will get a parent in default's attention:)

  • Fiona
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24 Feb 08 #14896 by Fiona
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Nonmol,

I don't entirely agree with attilla on this occasion because of the circumstances of the case which he doesn't know. As I understand it is early days, there is an interim contact arrangement with a hearing in the offing and contact is supervised because of allegations of DV. OK wife out of courtesy should have let you know she was going on holiday for two weeks but it isn't beyond all realms of possibility the child was unwell and not fit to attend a contact centre. I believe your daughter is very young?

The judge may lift an eyebrow or even wag a finger but TBH I don't think this is going to go anywhere. Sorry, if I'm misreading the situation.

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24 Feb 08 #14898 by attilladahun
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Oops didn't realise that background...

My post is aimed at a situation where the parent not allowing contact is implacably hostile...and frequently ignores the order of the Court.

The Court will look to change Residence in those situations but often not if the child is very young.

There is always a danger of over reaction when things go wrong with contact arrangements

That is why I urge people to read the Do's and Dont's I have posted a few times.

There will always be occasions when a child is unwell or other pressing pressures/engagements which mean that contact may need on the odd occasion is to be varied and flexability , in the best interests of the child, is desirable.

Some Judges consider that once contact is very strictly "defined" it can be a recipe for difficulties.

Unfortunately in the game of life when people are suffering stress and have suffered in a relationship acting in a detached a calm manner in the child's interests is not always easy.

I think it is refreshing that open debate as here in Wiki can open ones eyes and that goes for us all.

At the end of the day our aim must be to try to do "our best" for our children and be fair in our dealings with others and in doing that we will help ourselves.

  • NonMolest
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27 Feb 08 #15201 by NonMolest
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Hi,

Thanks very much for your honest views.

I apllied for enforcement on contact order last week with abridge hearing and I have a hearing tomorrow for 15 minutes. Let us see whether I will get justice this time or not.

Thanks
NM

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