My daughters mother pulled me through family court, and I got a good contact order, then she pulled me through Schedule 1 financial proceedings and again I had a good result. She attempted to con the system and get a property and extortionate amounts of maintenance.
Various times in the past she came out with false allegations and it has been established by several judges (and confirmed through the court order) that she is not honest and what she said was not true. My daughter was made a ward of court which was dismissed and I was given full parental responsibility, not that it makes a difference giving her behaviour.
The problem is that even though this happened there were never any consequences for her bad behaviour and dishonesty. My daughter's mother is super litigious and she wants to drain my financial resources and make my life hell, as she does not follow the contact order and breaches it weekly. She needs a "negative fuel" boost regularly and thrives only through a feeling of power, control and negativity.
Even though we already went through the process above, she is now planning to take me back to court for the third time, as she also came out again with various false allegations. No one is doing anything about it and instead of the court giving her a warning (because it’s often a new judge and they have not had time to check what all had happened before) they then encourage more legal procedures.
It is a long story but here a short overview - I had to take my daughters mother to emergency court a few months ago as she ignored my messages about me taking my daughter for holidays, as per the high court order. At the emergency court the judge said she had to hand her over so I could go on holiday. She had no excuse so made up various falsifications as she had done in the past. Nothing was fact checked, not even what happened before, which would have been enough evidence. The judge didn’t take into account that she did this before already and then he forced her hand saying if she made these statements about me (ie. my daughter being unsettled in my care, I was sleeping with her on friends couches etc.) that she needed to take me to court, then gave her a deadline within which time she should file her court application.
Currently we are doing the tick box exercise of mediation (which we have done already a year and a half ago with absolutely no success) although her intention is not to be amicable but only to try and fish for evidence to say that I am not willing to engage in this.
So it’s all kicking off again as it was less than two years ago even though we went through the whole process already. She also receives legal aid as well and through that attempts to squeeze me even more.
The lawyers and barristers are giving me different advice and I don’t know what to do to put her under pressure so she starts respecting the court order. The court for sure isn't doing it, at least not so far.
The lawyers first said I should apply for a variation although I am perfectly happy with the order (if it was only followed) then I realised I could just make an application to enforce it and it would be the simpler and cheaper route. Some say I need a change of residency hearing later, as I am based abroad if I do apply for custody.
My barrister who represented me for the final hearing two years ago (who was very good) told me later that if it went in that direction we don't even need a change of residency hearing (as my daughter would just move to live with me if the court decides that). Ugh I guess just another way for the lawyers to make money. She recommended that I file for custody (this was before the latest developments where she would be the applicant) at the same time when I file for the enforcement, although it could take some time giving the sensitivity of the judge (to the mother), regardless of her bad behaviour.
The essence of it is that my daughters mother is trying to cut my contact and for me to get inferior conditions to what I got in the final order two years ago. That’s why she is Alienating me and also abusing me constantly with false allegations and court threats, whist really she should be scared herself because of her hundreds of breaches. She is the aggressor trying to get better conditions whilst she is harassing me and disrupting me and my daughters daily life.
Even though there is a court order, each week I don't even know when she will be with her father! I should get weekends upon request, so far I have not received one, there are at least a dozen of different types of breaches.