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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2550
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex took me to court access in January (out of

Resolved Question:

My ex took me to court for child access in January (out of revenge - The firearms licensing team took his guns away as they wanted to know about his previous domestic violence) he refused to see our daughter last Christmas and every time we are getting along his girlfriend gets upset and he stops taking to me. I see this hurting our daughter as she can feel the hostility between us and doesn't want anything to do with him when I'm around. There was a court order in place that meant his girlfriend is not allowed to be alone with our daughter and not allowed to stay overnight with her there, this is because he focuses too much on his girlfriend and not on our daughter. We were getting along and he manipulated me into sending an email saying she could stay overnight with our daughter present. Then he starts being nasty towards me, ignores me and refuses to see our daughter unless the court order says he should. My question is, would the email I sent count as a dismissal of the court order? Would I be able to take him back to court? He is threatening me again. I know he still wants control over me and he's trying to keep me in line by saying I broke the court order when our daughter didn't stay with him the weekend the court order says. The court order says that overnight stays should commence on or before the weekend of 14/11. He was working all weekend, so we made arrangements to change weekends. She had her first overnight stay with him in October. Our daughter is 2.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
If he is in breach of the order then you can apply to court under form C79 for enforcement of the order, as long as there is a warning notice attached to the order. The form should be sent to the family court that issued the order.
The email you sent does not dismiss the court order, however you will need to explain in your application why you sent the email.
Customer: replied 1 year ago.
Thank you.The order states she is not to be present or be left alone with my daughter until both parties can agree. That's why I was worried about the court order being dissolved with an email.My ex has only verbally told me he broke the court order and I don't have proof in the messages. I do have proof he manipulated me into sending the email.
Expert:  Harris replied 1 year ago.
I think that puts you in a difficult position as if the court order says it is by agreement then he could provide the email in which you agreed. However, if you were to return the matter to court then you need to show the court that you were manipulated into agreeing this, by providing the proof that he did so.
Customer: replied 1 year ago.
I can show proof of manipulation, but he only verbally told me he broke the court order, there is no proof of that.Would I need proof he broke the order?
What would happen to his visitation and himself if he did break the order?
Expert:  Harris replied 1 year ago.
Thanks - if there is no firm proof that the order was breached then it would be your word against his and you will need to file a statement along with the application to enforce the order detailing when and how the order was breached.
The court will need to consider the seriousness of the breach and enforcement can include a fine, or if found extremely serious, result in imprisonment. However, it is likely that the court will look at the arrangements to see if they are working and in the best interest of your child for it to continue.
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I have been a Family lawyer for 30 yearsPlease understand that the Order remains in place, and in fact all you need to do is e-mail him again and say that in view of what has been happening you do not think his girlfriend being there is working and that you wish the Restriction to be abided by with a review in the new year.The fact that you have tried to co-operate by allowing him overnight contact sooner than agreed will be seen as evidence of YOU trying to be fair - and cannot be used against you.At present no one has breached the Order since you agreed to his girlfriend staying over (if she did) and he has had overnight contact - just earlier than expected.Please ask if you need further detailsClare
Customer: replied 1 year ago.
Thank you.The issue is that his girlfriend stayed overnight, then knowing he breached the court order, he manipulated me into sending an email saying it was alright for her to stay. The email is dated after the order was breached.The only issue I have left on the matter is that if he takes this back to court (still believing I broke the court order) then they threatened before if we couldn't get along, they'd take our daughter away as it would be in her best interest.I've been trying to get along with him and all my decisions are completely based on our daughter, I very rarely think and do what I want. If he ignores the court order, our daughter will be at risk of neglect. But if I act on it, she could be taken away.
Expert:  Clare replied 1 year ago.
In the circumstances simply write the further email saying that you do not wish there to be a repetition of her staying over and leave it at that for nowIf he takes you back to court he will be seen as acting in a bizarre way - you would only have breached the order if you had refused contact
Customer: replied 1 year ago.
By writing the email, saying I wish for there to be no repetition, does that put th court order back in place?
Expert:  Harris replied 1 year ago.
Your email does not stop the order. The order has always been in place and will continue to be in place unless discharged by the court.
Harris, Law Specialist
Category: Law
Satisfied Customers: 2550
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Customer: replied 1 year ago.
Thank you both very much.
: )

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