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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32980
Experience:  Over twenty-five years experience
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My brother has a contact order to see his daughter every

Customer Question

Hi. My brother has a contact order to see his daughter every other weekend Friday evening to Sunday evening. His daughters mother is not complying with the court order and is allowing contact as she sees fits. At the moment my brother is having contact with his daughter every two to three hours every other Saturday supervised by his daughters mother. My brother has had enough with the situation and is thinking this Saturday to take his daughter home on the Saturday he sees her and drop his daughter off as per the terms of the court order on Sunday.
If my brother does this, how would it be viewed by the judge in future court cases, i.e if he applied for custody and how would this be viewed by the police?
Submitted: 1 year ago.
Category: Family Law
Expert:  Thomas Judge replied 1 year ago.
From what you have said it is the mother who is in breach of the order - he is entitled to keep the child until the Sunday - she is in breach and he is entitled to seek the compliance of the court order. If she continues to persist in breaching the order then he can apply to the court to enforce. Happy to discuss. Please rate positive
Customer: replied 1 year ago.

Thanks for the reply. In respect of if my brother was to take her home saturday, my brothers daughters mother would not be happy and would likely to ring the police/come banging on my brothers door. What would the police do in this situation? Does the police have the power to take the daughter back to the mother on the Saturday? Thanks Adam

Expert:  Thomas Judge replied 1 year ago.
If he has a court order then whether she is happy or not is with respect irrelevant - it is what the court orders. The police would not remove on the basis of the court order unless there was serious welfare issues. Please rate positive
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32980
Experience: Over twenty-five years experience
Thomas Judge and 3 other Family Law Specialists are ready to help you
Expert:  Clare replied 1 year ago.
Whilst my colleague is correct and the Police will not be able to force he return of the child it is NOT necessarily the best way for your brother to address the problemFrom what you have said this behaviour has been going on for some time and the appropriate option is for your brother to apply to enforce the order using a C79If he does simply keep the child then whilst he will enjoy the weekend with her in the short term at least contact is likely to stop until the Enforcement hearing - and the sympathy of the court that your brother should be entitled to may not be evidencedClare
Expert:  Thomas Judge replied 1 year ago.
I see that my colleague has attempted to give some further advice in this matter and yes you can seek to enforce the order as necessary. But there is a cost in making such an application and sometimes this will ensure that the other party makes an application to vary the contact at the same time. So you may wish to think about this before making such an application but it can and often does work.
Expert:  Thomas Judge replied 1 year ago.
What do you want to know?
Expert:  Clare replied 1 year ago.
Hi
Since you have already accepted the advice that you have been given there is no monetary reward for my intervention.
However I believe it is important that all litigants in person have as much support as possible in dealing with a system where the attitude of the court can be as important as the letter of the law
The detail and extent of the Order shows the complex nature of this case - which makes it even less sensible to simply retain the child - your brother will lose the sympathy of the court and that is a priceless commodity
Apply to enforce and let the Court tell her she is in the wrong
Clare

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