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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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court order

Resolved Question:

Hi,f can I refuse my ex access to his daughter based on the basis of his abusive text messages and threatening behavior and not complying with the court order. he has a court order where he has access to his 4 year old daughter every sat for 4 hours based on the supervised visits by his sister and brother in law. this arrangement was done on 14/03/2014 but since then he hardly complies either his sister is not around or his brother in law abroad. he has a history of drugs and alcohol and in court he failed to do the tests and did not appear so me and the court decided 4 hrs supervised vists wil not put my daughter at risk


. court wanted to refuse contact but I wanted the vists to be carried on as my daughter loves her dad. last week I told my ex I am in a new relationship and he went mad sent abusive text messages I had to report him to the police and the pick up as  a oneoff was done at the police station. my ex has a history of forgery drink driving. driving while disqualified assault and gbh. I have reported him for domestic violence before.


usually the pik up was from my house. at the police station he told the police officer that his brother is in the car but when went in the car it was an unidentified female and the police logged this on there logbook. police sd they have no enforcement. I have the residency order for my daughter. my only concern is he is not compying with the court order and he is threatening me and my new partner. I ma scared he might emotionally targer my daughter and put false allegations on me and my partner like I hit her or my partner is indecent towards her. he did say he wont ler my daughter have another father, can I stop the access or can I just arrange the access at a day centre for the full 4 hours


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Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
You can refuse the contact if neither his sister nor his brother in law are available to
supervise the contact because then you are not in breach of the order
If they are regularly not available then yes you can suggest that it moves to a Contact Centre - but at this stage that is all that you can do if you want to avoid him trying to enforce the Order
Please ask if you need further details
Clare
Customer: replied 3 years ago.

when you say enforce does that mean he has to go through court

Expert:  Clare replied 3 years ago.
Hi
Yes - he would have to apply to the court to enforce the order
Clare
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