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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a contact order in place with my ex husband. He now

Customer Question

I have a contact order in place with my ex husband. He now is taking me to court for a enforcement order. Can I contest this? He does not keep to his side of the contact order but when I have made some changes it is a problem. Can you give me some advice please.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?

-When was the order made?

-How old are the children?

-What does he not adhere to in the order?

-What changes have you made to the arrangements?

Customer: replied 1 year ago.
Hello.England, November 2014, Son is 6 now, He doesn't have child on his weekends if child is unwell. He leaves him I'm other people's care when he should be looking after him. He moved house and he didn't inform me where he was taking child. He was supposed to send me he work shifts to prove he is off work, I have yet to see any.my changes are to him picking him up from school on a Wednesday as my son now has to attend extra schooling from a tutor as he is severely behind the national average for his age. Wednesday is the only day the tutor is free. I informed him about the situation and he agreed I asked if he would change days or see him after tuition but it was declined. Also some weekends had to be rearranged due to other commitments as my son attends other clubs Swimming, Karate and Beavers which sometimes occurs on weekends and why should he miss out when his father will not take him.Many thanksCharlotte
Expert:  Harris replied 1 year ago.

Thank you - are you able to attach the court order using the paperclip icon please?

Customer: replied 1 year ago.
Please see attached. documents from Mr ***********. However I haven't written my comments yet
regards
Expert:  Harris replied 1 year ago.

Thank you - I will request that customer services delete those files as they contain confidential information.

In response to your query, the court order has specifically allowed for contact to take place and if the arrangements were not working you should have applied for a variation to the order. The father is therefore within his rights to apply to enforce the order, however the court will consider whether you had reasonable grounds to not allow contact to take place as per the order.

In the circumstances you may wish to consider pursuing a cross-application to vary the current order as it appears to not be working in the interests of the children.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 1 year ago.
How would I go about doing a cross application? I think this would be beneficial to the cause
Expert:  Harris replied 1 year ago.

You will need to complete a Form C100 and provide a £215 court fee to the same family court and request for it to be joined to the proceedings issued by him and heard simultaneously.

Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Would it be possible to have a solicitor with me in court as I feel he can be very manipulative and conniving towards myself
Expert:  Harris replied 1 year ago.

You can approach local firms or if you search for "direct access" barristers then can discuss representing you at court.