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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Family Law
Satisfied Customers: 32826
Experience:  Award winning lawyer with over 15 years experience
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MY CHILDS FATHER HAS REPEATED BREACHED THE CONTACT ORDER. I

Customer Question

MY CHILDS FATHER HAS REPEATED BREACHED THE CONTACT ORDER. I WANT OT APPLY FOR A C79. NOT SURE HOW TO PROCEED?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How has be been breaching the Order?
Clare
Customer: replied 1 year ago.
He has not been able to comply as he Said he was living with partner and was still Living in a hostel. He has never had her for overnight contact. And the summer holidays is 50/50 he has had he one day in the last4 weeks. He Can't collect from school on Fridays. Constantly needing amendments and reasons he can't. He claims disability and unemployed while running his own legal service.
Expert:  Thomas Judge replied 1 year ago.

It rather appears as if you have two choices - either making an application to the court to enforce the order and you rightly make reference to the form C79 or making an application to the vary the original order to something which is more realistic. From what you have written I would be minded to make the application to vary the original court order to something which is both realistic and more manageable. This will allow you and the child to actually have a system which can work. Happy to discuss. Please remember to rate positively - thanks

Expert:  Clare replied 1 year ago.

Hi

Unfortunately you cannot force your ex to have the child if he does not wish to - even where there is an Order that he does so.

This being the case there is little point in wasting money on enforcement action which cannot succeed.

Far better to arrange to attend Family mediation

www.familymediationhelpline.co,.uk

to agree new arrangements

Please ask if you need further details

Clare

Expert:  Thomas Judge replied 1 year ago.

what outcome are you actually looking to achieve?

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