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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a court order

Resolved Question:

I have a court order for contact regarded my 5 years old daughter. Her mum is still being difficult. On the first occasion after the order I could not pick my daughter up only a day later, the second occasion they went camping so I couldn't be with her again. The third time she arranged us to go to a birthday party , but I leave about an hour drive from them, and to attend to that party would have meant*****a day, so I did not take her there. Because I did not attend that party with my daughter she turned her against me so that this Sunday my daughter didn't even want to be with me. I did not force her, so I left. Can I go to court and make a complaint against my ex?

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What pattern of contact has the Court Ordered?
Clare
Customer: replied 3 years ago.

Wednesday to Sunday every half term in this school year, Monday and
Tuesday next school year , regarded the half terms. This will alternate every year. Otherwise every Sunday during the week. Furthermore 2 weeks holiday at Summertime with me.Eastern and Christmas holiday will be shared equally, and alternating bases.

Expert:  Clare replied 3 years ago.
Hi
Did your ex refuse to let you take your daughter today - or did you just agree not to take her?
Clare
Customer: replied 3 years ago.

I agreed not to take her, because she did not want to come with me.

Expert:  Clare replied 3 years ago.
Hi
Your daughter is 5 - she cannot decide whether or not to go to school or the dentist and equally she does not chose whether to go with you for contact or not.
Your ex should not make arrangements for days when your daughter is meant to be with you - if there is an event the child really wishes to go to then you shoudl be offered an alternative time.
However since it appears that the first visit it was you who could not attend and this time you agreed not to take her there is little point in going back to court to enforce the Order until your ex breaches the order again
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Hello Clare

I did attend every visit.

I think I'll explain again in details and in chronological order.

1st visit Half term in May: She (my ex) did not allow to take my daughter only a day later.

Because I am away sometimes from the country:2nd visit: 29th of June: She took her for Camping. I could not pick her up..

3rd Visit: 6th of July: my ex made impossible arrangements on my day that I could not keep, and this upset my daughter on a way that I could not take her next week either.

4th visit: 13th July : my daughter did not want to be with me.

I am concerned about the attitude of my ex, which was appalling always. This week I am supposed to take my daughter abroad to my parents for a holiday as the court order allows it and I believe she is putting all efforts in it to sabotage it.

Expert:  Clare replied 3 years ago.
Hi
Thank you - that is VERY helpful as I had misunderstood what had happened.
In that case yes you have ample evidence to apply to enforce the order immediately - although it will not happen before the holiday
I know that this sounds cruel but even if your daughter says she does not wish to go you need to collect her - remember she may just be saying what she knows mum wants her to say!
The form you need for enforcement is here
http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/2151/C79_1108.pdf
and the fee is £95.
Please ask if you need further details
Clare
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