Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
She came to court the following day and handed me the passport. The judge asked her direct, is it a case you just dont want your son to go and have fun,? She of course blamed the school but judge put her in her place and her demeaner changed as though she instantly happy. Psychopathic
I managed to go on holiday was a great trip and bonding session with my son. We had 4nights together in a row seeing different things and going on rides. I allowed her to make calls each night with him. But overall it was great ended too quickly.
Final hearing update. I decided to have a barrister because this was before magistrates. The barrister trued has best to stretch agreement so the first point we agreed on was all the special holiday regarding xmas, new years, half term abroad etc. She eas insistent on weekly weekend contact but rather i collect my son on friday after school, i collect him sat morning 9am through to monday either taking to nursery collect 3.30 and then back to her at 6.30. She is still insistent on seeing me for collection handover although she reports im ever so threatening and aggressive. My plan was to have a clearly defined order to minimise crossing paths with her. All her demands agreed to.
Xmas was agreed if not fall on my normal contact then i collect 4pm to boxing day 4pm. She left court yesterday stating that she has agreed that since xmas falls on my contact time i will keep my son till monday but return at 4pm as opposed to 6.30. This was all agreed clearly defined and fresh in her mind. She also decided to unblock me via email and text.
Last night she messaged me that she now wants to spend xmas with him and therefore will not bring my son as per normal contact Sat 9am but on Sunday 4pm to Monday 4pm. I replied reminding her that she will be breaching the normal contact agreed and this was not agreed by her its clearly defined and fresh in your mind and black and white. I set out agreement and stated the matter should go back if your not happy.
Today i waited at 9am and she did not show breaching the contact order less than 24hrs. I was more than accommodating and reasonable but this is beyond a joke. Changing goal posts because she is not happy. She has breached two orders in 3weeks one relating to not handing passport and immediately after final hearing contact. Just to add we do not celebrate xmas due to our faith but as a holiday contact is defined.
Spoke to the police to make a log and complaint they was encouraging me with the updated order to go to her house to go collect my son. They said if it kicks off then if i call them and have documents then i will not get arrested but recorded as a log. Im not sure if this is sound advice or they setting me up.
I can't see why the police would want to set you up, but it does seem a little odd. I would see if you can persuade them that you think there will be trouble and that a police officer should accompany you, though it's a long shot that they will. Did they record their advice to you anywhere?
No they ultimately said its a family matter and that you should go back to court or solicitors and its not a ciminal matter. But then advised me on that. They said they would not accompany me. When i returned home i called 101 police advice line asked them what would happen if i did end up going. They advised me not to as although i have court order it does not state police intervention on it therefore they cant come with me. Secondly if i do go it will most likely aggrevate the situation and no one knows how it will end, therefore its a breach of peace and because she is ex wife it will be considered as a domestic and i will get arrested. So i listened to my gut and brain than my heart.
Now i have technically missed a days of normal weekly weekend contact and will most likely result in missing tomorrow too for he selfish bullish reasons less than 24 hours of my final hearing. She spent 8hours in court agreeing only to break order. She must have realised how useless the court system really is and how she has been able to get away with being a knob and is exploiting it now.
Not sure what to do i havent agreed to this, if she makes him available tomorrow do i take the contact or refuse on grounds because she went against a defined order to suit herself and my normal contact hours. Im leaning to not have him and put application back to court for enforecment on thursday.
On the other hand because im tired of her games and want to give her a taste of her own medicine is to accept him tomorrow and keep him right until after new year, as means to make up contact time. All the whilst make application to court for enforcement. Im fed up by how ineffecient and corrupt the system is, these magistrates eho are unqualified or volunteeers and her psychopathic controlling behaviour. Its as though she wants me to turn nasty on her
If she offers time tomorrow, then take it. After all, you have been to court to get contact, so don't miss out on any contact available because of her actions, and it wouldn't look good in court for you if you refused, because then it's become a squabble between parents, rather than being about the needs of your son.
If i havent agreed to her actions and she has breached the defined order within 24hrs and offering less contact than agreed. If i accept that then im accepting what i dont agree to amd sh is changing goal posts everytime as a means of control as and ehen she feel like to frustrate contact. Not acting in my sons best interest. She will continue to do that habitually. So what is the point of a defined order. I would love to have my son anytime but then it has to be workable not just when she says that was the point of all these hearings. She doesnt agree to anything or reasoning imagine somebody on a power trip.
You should write directly to the judge that made the order, addressing the letter to him/her personally. Explain that the order has been breached already and ask for a return to court as you feel that the order that you all agreed upon will just be flouted whenever your ex feels like it, or it doesn't suit her agenda, regardless of the best interests of your child.
The judge has the power to call it back to court and as it has been breached almost as soon as you left court, the odds are the judge will want to address it.
Best of luck
I agree with Mojo & would advise writing back to court straight away, don't leave any time or there is less chance the court will bring it back without another enforcement application.
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.