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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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We had contact in place since June 2014 as my ex stopped me

Customer Question

We had contact in place since June 2014 as my ex stopped me seeing my kids for 9 months because of various allegations, all proven untrue in court.
Since this time she has threatened to stop contact three times because she is demanding I collect my children from her house(100 miles away) which I've always done, but now she wants my elderly grandmother to hand the children back to her so she doesn't see me and she refuses to come to my house to collect them. She said if I don't make my grandmother do this every other weekend she'll stop the children seeing me. I have complied for three months but now my grandmother has Parkinson's and I've explained this to my ex through her solicitor but she remains adamant if I don't do as she asks I won't see the kids or she'll expect me to take them back to her (100 mile trip again) which I cannot do as I'm in an IVA due to her financial demands.
The court order stipulated she must allow my daughter to message me daily and ring twice per week. We didn't recieve the calls until two weeks ago, after asking repeatedly for them and ringing her house to speak with my daughter. Then her boyfriend bought my daughter a phone and blocked myself and my wife so my daughter couldn't message us. He told her 'until your Dad gives your Mom money for the house you can't message him on the phone I've bought for you' .
I have always paid my CSA calculated maintenance since separation. I also paid for her mortgage for six months at which point she abandoned the marital home and moved 100 miles away expecting me to pay for the house sitting empty. Please advise me whether I have grounds to go to court for breach of court order thank you, ***** ***** desperate for advuce
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is there actually a court order in place?
Is the house being sold?
Customer: replied 3 years ago.
There is a court order in place regarding contact with my children yes. It stipulates alternate weekends from Friday to Sunday but whilst my daughter attends dance class on Saturdays I cannot have them until 5pm Saturday till 6 pm Sunday. I don't know how long that will continue for, my ex enrolled her in it to make my time with them shorter. The order also stipulates two phone calls per week and daily messages. Pinch dentally my daughter did not attend dance class this Saturday but my ex still made me fetch them at 5 pm Saturday instead if letting me have them for the full weekend.
Customer: replied 3 years ago.
We sold the house but she refused to sign so we said fine, keep it but you'll have to pay for it and loan attached. She then rented it out without my signature, which I offered to her. She is now taking me to court again for a financial order in February. I have no money so I don't know what she expects to get from me. I'm happy to sign house over to her and have tried to mediate eight times with no luck. She simply calls the police on me saying I'm harassing her and then blocks all forms of communication.
That aside, I really want to know at this point if I can take her to court for breach of contact order. She keeps on demanding who and where pick ups are from and I can't keep giving her what she wants because my family are ill and live miles away.
Expert:  Clare replied 3 years ago.
What does the Court Order say about handover?
Customer: replied 3 years ago.
Nothing at all, just that she has to make the children available to their Dad and she has to be reasonable.
Expert:  Clare replied 3 years ago.
Doe sit set the times of contact out?
Customer: replied 3 years ago.
Yes fri till Sunday alternate weekends but my daughter enrolled in dance classes whilst I couldn't see her and the contact order stipulates until that finishes I can have them Saturday 5pm till Sunday. She didn't go this weekend so surely my ex should have told me so I could have the kids Friday till Sunday ?
Customer: replied 3 years ago.
Relist: Other.
We haven't had an answer just questions....? Please can we have an answer that justifies the £31 we have paid