Should I breach court order?

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  • #54651 Report


    Long story short, I have shared care of my daughter but she spends more time with me due to mums substance misuse issues.

    Court order has been in place for well over a year.

    Mum has the last month relapsed, received another blanked out blood test today, this is the second month we have had this. School pulled me yesterday and stated they’ve noticed a change in her behaviour the last 4 weeks.

    Mum should normally have 50/50 of holidays, but I am hugely concerned about her spiraling now and my daughter spending more time with mum.

    I’ve never had to do this before and don’t want to breach the court order, what can I do?

    #54652 Report

    Hi Al1986

    I’m Michelle one of the Moderators here. This sounds like a very difficult situation, and clearly you’re concerned about your daughter’s welfare.  You could get in touch with the NSPCC and let them know that you have a concern:

    NSPCC – Support for any adult concerned about the safety of a child  0808 800 5000

    It sounds important to get some legal advice with your query.  The Child Law Advice Service should be able to guide you towards steps you can take lawfully.  Here are their details:

    Child Law Advice Service – Provide legal advice on family law issues related to children, they have information on their website, and a helpline staffed by legal specialists 0300 330 5480

    Another agency that may be able to offer you legal guidance are the Family Rights Group:

    Family Rights Group – They advise around options where decisions have been made by the courts or social workers around their children’s welfare 0808 801 0366

    As well as offering support, Family Lives may be able to guide you if Social Services have been involved:

    Family Lives – Provide general support to families on issues around parenting, emotional support and just generally coping as a parent 0808 800 2222

    The Single Parents Helpline may also be able to offer guidance if your shared agreement is equal between parents.  Here are the contact details:

    Gingerbread Single Parent Helpline – Freephone 0808 802 0925

    Opening hours:  Mon 10 – 6, Tues 10- 4, Wed 10 – 1 & 5 – 7, Thurs 10 – 4, Fri 10 – 4  They can be busy so callers can expect to wait up to 20 minutes before the call is answered

    I know that’s a lot of information but I hope that it might help a little

    Kind regards





    #54662 Report


    Hi, I have today been back to court via a C2 application – urgent return to court – due to same thing.. kids mum high on drugs etc. It was 155 pound and once filed I was in court 3 weeks later.. you have to do this if you want to not fulfil the current court order. Quick and easy, just unnecessary cost, time – and effort but that’s life!

    #54670 Report


    If there is a serious cause for concern the police and social services should be involved. I didnt have a court order with my ex but shared parental responsibility and was told by social services and the police that a safeguarding issue takes precedence over court orders and parental responsibility as it is about the child’s safety.

    I really would recommend taking legal advice (many law firms offer a free 30 minute no obligation consultation) speak to the school and get their support for a solutions as well.

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