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im sorry to reply on your post, I picked one from an "harassment warning" search after reading several blogs and I like this site.
Im looking for answers.
If I know a father who was given this warning, though I don't know if written or verbal, he has not had contact with his child in 3 years because he fears initiating anything, knowing how planned out and resourceful his ex-wife is.
After some research I believe to understand the "do's and don't's" of it all - and it seems some people still go ahead and contact the complainant even though it is at their own risk.
With an ex-wife like this man has, there is no doubt she will figure out a way to claim distress or any other reason she can find just to make sure he gets in trouble.
All he wants to do is to find a way to deliver Christmas presents for his son, who he has not seen in 3 years and fears if he has someone deliver it, or if he leaves a bag on her front lawn - she will be entitled to calling the police because he technically should not be on her property nor be sending people to her on his behalf.
What is the suggested next move?
Hi there
I have moved your post to it's own thread as it will get more replies.
I don't think his ex would be able to make any complaints against him if someone else was to drop the presents off for him, the only exception would be if he had been given written warning from the police and it stated that he couldn't.
GTTS
Hi there
It depends largely on whether the warning was given verbally, or by court order, even if its a court order, it's unusual for that to awarded for longer than a year....although the applicant can apply for an extension of the existing order, but if that had happened your friend would have been informed and given an opportunity to respond in court.
If there is an order in place and it states that he, nor any other third party can contact her, then he cannot do that, or ask anyone else to either.
If there is no court order, he can go ahead and find a way to deliver the presents, by post might be a good idea.
If he wishes to reconnect with his child then his first step would be to attend mediation and discuss it with the mediator. Because of the time that has elapsed and the possibility of a court order for harassment in place, the mediator may well decide that mediation isn't appropriate and sign the C100 form to enable the father to apply to court for a Child Arrangements Order. If he is successful contact is highly likely to start in a contact centre, possibly after a period of indirect contact, such as letters.
Here's a link to the mediation service
www.nfm.org.uk
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