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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33673
Experience:  Over twenty-five years experience
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I have custody of myorder was made in October,,stating

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I have custody of my*****order was made in October,,stating contact with mother to be on a Wednesday and Saturday or Sunday and anything else agreed between us,,also with a view to overnight contact starting in December (2017)this was due to the children being removed from their mother over a year ago due to neglect/alcoholism,,the first two contacts went ok but my ex soon started missing contacts,,texting me to say she was drunk and about her ex boyfriend and problems with him,,also about getting the kids back etc,,she went to stay at her parents to get sorted out as she put it but leading upto December numerous contacts were missed and texts kept coming,,I phoned social services as I was worried about overnights taking place during all the erratic behaviour,,they said if I had any concerns it was my call on the matter,,i constantly asked my ex to get help but to no avail,,I did not let overnight contact take place but said if she could settle down and attend contacts and seek some help I
Would let overnights happen but needed to see a period of stability,,I have recieved a call from the court today as she has put an application in for enforcement of an order,,I have all the texts and a diary of contact missed and attended and reasons given,,what do you think the judge will do,,thanks

The starting point is that you should have made an application back to the court to stay the order on the basis of her non compliance and alcoholism. That said on the basis of the fact that you have the text messages and can obtain confirmation from social services that you contacted them for advice then I do not think that the court would enforce. The fact is that on your case you have a reasonable excuse. I hope that this answers the question. I should point out that there is an excellent book on this topic for about a tenner which may be of help going forward - I have attached the link -

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