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Breaking of Defined Court Order

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26 May 09 #119263 by Puddles572
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Good Evening

I hope that i won't open a can of worms here and that this can help the view of both resident and non resident partners.

My children live with me, I am divorced from my ex hub and he took me to court when contact stopped after some frightening behaviour infront of the children. Police were contacted, social services instructed and they told me to let it run its course through court.... 4 months later we are at the stage where a defined court order states he can now have supervised contact with the children if supported by an agreed 1 of 2 adults, and yet he still is requesting to take the children out by himself?? So far since court order was put in place (21 april 2009) he has flouted it some 15 times??? what do i do?? we are back in court June 16th and we are both self representing??

Comments please!!!!

Puddles:( :(

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27 May 09 #119409 by D L
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Flouted how?

Amanda

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27 May 09 #119476 by Puddles572
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Hi, He asks to take the children without having supervision he does not ring on the nights that are agreed, when he does have the children with agreed supervision the children are split up and he has time alone with them!! What can i do?? Although he has a history of mental illness a recent erport from a pyscologist said he was 'quite well at the moment'.

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27 May 09 #119487 by D L
Reply from D L

asks to take the children without having supervision


Him asking would not be viewed as breaching the order.

he does not ring on the nights that are agreed,


There is little the court can do to force him to take up this contact. Worse case scenario is that it would be suspended.

when he does have the children with agreed supervision the children are split up and he has time alone with them


This is a clear breach. However, your concern should be towards whether the children are at risk of harm rather than focusing on the fact he has breached the order. If the children are at risk, you should request a directions hearing to have this dealt with.

Amanda

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27 May 09 #119516 by Puddles572
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This information is invaluable thank you so much, i understand what you are saying about
"asks to take the children without having supervision - Him asking would not be viewed as breaching the order"

But if i allow him unsupervised contact then i am breaching the arrangement too!

Thanks again, next hearing is 16th June and all notes i have taken from the contact that has taken place i am sending to the court prior to that date.

P.

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