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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I'm looking advice regarding a contact order

Customer Question

Hello,
I'm looking for some advice regarding a contact order currently in place.
My ex-partner refused to let me see my daughter when she was first born as we had separated.
I took legal action and was granted contact through the courts and a parental responsibility order. I am supposed to spend time with my daughter all weekend, every other weekend; for two hours on the Sunday in between and from 2:30pm on Christmas day to 8:30am on Boxing day.
The order was issued in August but my ex partner did not start complying with the order until late September (changing days and refusing to hand her over when I went to collect her.)
Over the past few weeks, my ex partner has contacted me every weekend asking if I could have my daughter as she has things to do. I agreed to this as it meant that I could spend time with her.
I was due to collect my daughter for the weekend yesterday and her mother refused to let me take her. She also said that I could 'think again' if I thought I was going to see her over Christmas.
My ex has told her relatives that she is not letting me see my daughter as I have not paid her any money. I work part-time and pay £25 a week (directly into her account so there is a paper trail).
Would this constitute a breech of the original court order? What should I do next?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youAny time she refuses to let you have your daughter when the Order says you shoudl have her is a breach of the Order.You are entitled to apply to the Court to enforce the Order - and whilst it is short notice given what she has said about christmas it is likely that the Court would list an emergency hearing if you ask them to do soThe form you need is herehttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/c079-eng.pdfPlease ask if you need further detailsClare