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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1200
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My son has been in court the past 2 years, fighting to get

Resolved Question:

My son has been in court the past 2 years, fighting to get access to hi 4 year old son.
He used to have access every weekend but his ex partner started denying access after he told her about being in a new relationship.
Despite a final court order when my son got substantial access she still continues to breach. It's costing me lots in solicitors' fees and have already spent 12k.
The ideal would be for her to be penalised but because she has 2 other babies by another man she gets away with it. Any suggestions?
Many thanks
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question.
I am sorry to hear about your frustration after having obtained a Child Arrangement Order but facing a mother whom just won't comply.
The correct process is for your son to return matters back to court to seek enforcement of the court order. The courts do have power to order unpaid work, compensation or even review any position in relation to residence.
It is a shame that legal aid is no longer available for these types of cases. It does sound like your son has a good basis already from his extensive contact order. It is widely accepted that a lot of patents can no longer obtain legal aid - with a good order behind him then perhaps he can seek to enforce on his own?
It is true that courts are unwilling sometimes to penalise, but if the mother is continually flaunting the court will listen and eventually penalise.
Perhaps she's hoping that your son will just give in? He should persist.
Kind Regards
Caroline
Happy to discuss further - please rate positively
Expert:  Thomas Judge replied 2 years ago.
has the court considered that the mother is intractably hostile to contact?
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
The court will likely agree that the mother is implacably hostile to contact if the father has to make an application to enforce and the mother has no good reason for no making the child available as per the current order.
The enforcement powers of the court are as I have detailed above.
Kind Regards
Caroline
Positive feedback gratefully received. Thank you.
Expert:  ukfamilysolicitor replied 2 years ago.
Please remember to rate positively
Kind Regards
Customer: replied 2 years ago.

Thank you for your replies, I believe that by continuing here I won't be charged. The Court did note that she is extremely difficult to deal with.

She gets away with penalty for breaching in exchange of agreeing to

more contact. She agrees in Court but then breaching again and so it goes on.

Expert:  ukfamilysolicitor replied 2 years ago.
Your welcome.
You are correct you question will not close and I will still be able to discuss this matter with you.
I would be grateful if you could provide a positive rating for discussions to continue.
Kind regards
Caroline
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1200
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
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