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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4910
Experience:  LLB (Hons)
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Just changed Child Arrangement order from weekends to school

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Just changed Child Arrangement order from weekends to school holidays we are grandparents but father is still putting obstacles in the way of access should we submit a C79
JA: Where are you? It matters because laws vary by location.
Customer: The child is in the Worcester area
JA: What steps have you taken so far?
Customer: because If COVID outlast hearing was heard by a legal person from Court but although we wanted to change to school hols we also wanted to explain how he try’s to prevent us having access the legal couldn’t deal with father on phone he screams and shouts so we were unable to put our side over
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He is shouting and screaming in front of child sends abusive texts and phone calls he is telling child we don’t want to see him child gets upset he is now saying that when our next contact comes up in December he will wait until we get near and tell us to go home he has done this before

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

You cannot submit a C79 until an actual contact has been missed, so if is due in December 2021, you have to wait until then before you can make an enforcement application. It's unfortunate but the court doesn't really deal with anticipatory breaches of court orders, it has to be an actual breach. If he has already interfered with contact since the last order was made you can apply for enforcement.

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Customer: replied 7 days ago.
Part of the order says father will sign an undertaking that he wil not discredit us to child today child said when we were ill and could not visit recently it was bacause we did not want to see him and order says he must stop abusive texts and phone calls also he times our calls to child and only allows a certain time not in order and if we are 1 minute late call is not allowed although not in order
Customer: replied 7 days ago.
We are in Spain at moment

As I said, if he's breaching the order you can apply for enforcement.

Customer: replied 7 days ago.
Would the Court think the reasons are petty as it is not to us and do you think we should contact CAFCASS as this is affecting child

The court made the order for the father not to denigrate you to the child, and that is a breach if he does it.

CAFCASS are not involved. They only get involved when an application is made to the court.

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