Guest viewing is limited

What constitutes a breach?

Parlaphone

New member
Member
Hi

I have a CAO in place which states the following:

The Applicant must make sure that the child spends time or otherwise has contact with the Respondent:

From the week commencing DATE on alternate weekends, from a Friday to a Sunday.
b. During term time collection to take place from school on a Friday. In the event that there is a change of
circumstances for example, the father is to have a change of employment or in the event of an emergency,
handover may take place at the mother’s property.
c. Outside of term time collection to take place on a Friday from mother’s home.

No phones or recording devices to be present at handover.

A full list of breaches is below:

4th May

Planned contact

Friday - O/N - Sat - O/N - Sun

Actual contact

None

Mother was not happy for Child to stay overnight then stated she was too unwell for any contact

7th June

Planned contact

N/A

Actual contact

N/A

Mother states that the CAFCASS officer NAME has informed her that I did not want children. Mother asks me if I “want this” and offers to stop CMS payments in exchange for me not having contact with Child.

9th August

Planned contact

Friday - O/N - Sat - O/N - Sun

Actual contact

None

Mother states to Father that she has advised Child that it is CAFCASS's decision that she goes with him, Child states to Father that Mum says she does not have to go and that she if she does she can make a deal about reducing contact. Child leaves me to go into her home and brings Mother out to discuss reducing contact as set out in the order.

20th September 2024

Mother provides no update for 7 hours on Childs health after offering to do so in writing, when messaged she responds, Father offers to pick Child up, Mother stops responding. Refuses to rearrange

Planned contact

Friday - O/N - Sat - O/N - Sun

Actual contact

None

22nd November 2024

Weeks in advance of Childs tonsillectomy Father requested to swap weekends, Mother refused, then after op she was too unwell according to Mother

Planned contact

Friday - O/N - Sat - O/N - Sun

Actual contact

None

29th November 2024

Child stated she was too unwell to attend contact and would not come with Father, no assistance to support contact from Mother

Planned contact

Friday - O/N - Sat - O/N - Sun

Actual contact

None

20th December 2024

Child appears hesitant and fear of Father at the door, reveals she has been told that Father will take her kicking and screaming

Planned contact

Friday - O/N - Sat - O/N - Sun

Actual contact

None

30th December 2024

Child states she will not go with Father at the door unless a deal is made to lower contact, Child goes back inside.

Planned contact

Monday - O/N - Sun

Actual contact

None

10th January 2025

Child states school do not know everything, that she feels forced to go from school, that I need to convince her and bring presents

Planned contact

Friday - O/N - Sat - O/N - Sun

Actual contact

None

14th February 2025

Mother cancels contact 2 hours before Father is due to collect Child from school, stating concerns need to be investigated.

Planned contact

Friday - O/N - Sat - O/N - Sun

Actual contact

None

21st February 2025

Child stated to Father that Mother has suggested that Father has rats in his house, that she is scared of rats, that she has read the court ordered parentin
g app and that Father is a liar, Child refuses to come

Planned contact

Friday - O/N - Sat - O/N - Sun

Actual contact

None

END

In addition the mother has installed a ring doorbell, don't know much about these but it's fixed to the wall, the no recording devices in the order was her insistence. Are my perceived breaches satisfactory justification of the order?
 
100% breaches and you could have applied for enforcement months ago.
Do you have any of the above in writing from her? Eg, trying to make a 'deal' with reducing cms if you don't see your child.

Get a c79 in with the above listed.

With the ring doorbell I'm not sure how that can be queried in relation to the no recording devices section of your cao because surely people are entitled to have whichever doorbell they like. That's probably a grey area that the court hadn't thought out well.
 
100% breaches and you could have applied for enforcement months ago.
Do you have any of the above in writing from her? Eg, trying to make a 'deal' with reducing cms if you don't see your child.

Get a c79 in with the above listed.

With the ring doorbell I'm not sure how that can be queried in relation to the no recording devices section of your cao because surely people are entitled to have whichever doorbell they like. That's probably a grey area that the court hadn't thought out well.
Thanks for the response, I only communicate with mother in the app, even when she comes to engage face to face I walk back to the car and message her from my phone.

How will the court take her insistence that I "drag" the daughter "kicking and screaming" even though she states she would never do this?

I have been told to make it easy for the judge and find case law examples and remedies and put them in to this statement. All I want is for her to encourage contact instead of bad mouthing me to our child. Should I be asking for a penal notice or for the mother to attend a separated parents course?
 
Back
Top