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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4518
Experience:  LLB (Hons)
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I want to ask about a breach of contact order, yes I have

Customer Question

Hi I want to ask about a breach of contact order
JA: What steps have you taken? Have you filed any papers in family court?
Customer: yes I have been to court
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: derby
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no that’s all
Submitted: 18 days ago.
Category: Family Law
Expert:  SASH_Law replied 18 days ago.

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. Can you explain a bit more about the breach and what has happened.

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Customer: replied 18 days ago.
Hi there is a contact court order in place , the father was given indirect contact via zoom once a week supervised by my mother . He has been permitted to send a card and present for our sons birthday . That was all that was ordered . I found a message from the father to our son via an online game . Is this classed as a breach of the court order . There are safeguarding reasons that only indirect contact has been ordered and we are awaiting cafcass to do section 7
Expert:  SASH_Law replied 18 days ago.

Was all other contact bar what the court ordered refused? Do you have a copy of the order - if yes, please attach it.

Customer: replied 18 days ago.
File attached (M36MP1S)
Customer: replied 18 days ago.
File attached (33LV1SS)
Expert:  SASH_Law replied 18 days ago.

The order doesn't prohibit other contact, but if he is contacting the children by means other than what was ordered by the court, that is a breach of the order. However the court are unlikely to take any action for a single breach - so if it was just one contact even though you should ensure you report it in the ongoing proceedings, it would probably make sense to point out to the father that he is in breach and should not do it again. Two or more breaches and the court are more likely to be concerned.

Customer: replied 18 days ago.
That’s what I was thinking and yes I did email to make him aware that he had breached that. Hopefully it won’t keep happening
Expert:  SASH_Law replied 18 days ago.

Be sure to raise it to the CAFCASS officer and in your next position statement to court - whilst it was only once, it was done sneakily so may be an indicator to the court that the father won't adhere to court orders.

Customer: replied 18 days ago.
Ok brilliant Thankyou for your advice this evening it’s so helpful when you have no legal representation
Expert:  SASH_Law replied 18 days ago.

You're very welcome.

I hope things work out positively for you and the children.