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[Solved] advice required... regarding court order

 
(@mrcoops)
New Member Registered

Around a year ago I was instructed by children's services to remove my 2 children from her care due to the condition of her house which she had been give chance after chance to sort out and help given to sort it out... shortly after I was granted a residence order which had a small almost footnote about contact... my predicament now is that I have been informed by my ex's mother that the house she was being evicted from (due to non payment of debt... she has sorted out other housing) had been inspected by a housing worker from the council and was found to be in another very poor state ( dog poo around the house etc)... now I have the dilemma of what do I do!!! I'm torn between ideas atm... I'm thinking of reducing contact to only day contact (no over nights) and no contact... The reason being that it's happened again so will likely to happen again... any help would be thankfully received.

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Topic starter Posted : 24/09/2014 7:52 pm
(@dadmod4)
Illustrious Member

Can you get a letter from the housing worker regarding the state of the house (ideally with photos - chances are they took some). I would be inclined to go back to court for a variation of the contact order for day contact, and overnight contact by arrangement once you (or some suitable person) has inspected the house on each occasion to ensure that it is a suitable, safe and clean environment for your children. Explain to the court that you have no objection to overnight stays (and they have been allowed to do so) but due to circumstances, you feel that the variation is in the children's best interests.

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Posted : 25/09/2014 12:43 am
mrcoops and mrcoops reacted
(@mrcoops)
New Member Registered

Unfortunately they won't give me any directly without someone like a lawyer or court ordering it. Also she's moved away so me or any of her dependable family checking the house is pretty much out of question. She's had warning after warning regarding the house before and not listened.. even her own familt have washed their hands of her and also the kids attitudes when I get them back off her stink so I'm not 100% sure if it's in there best interest to be with her at all... but like I say I'm struggling

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Topic starter Posted : 25/09/2014 1:30 am
(@got-the-tshirt)
Famed Member Registered

Hi There,

I would have a word with social services and ask them for some advice, I'm sure they would be able to offer some.

When your looking out for your childrens well being the advice may actually be to cease contact for the time being, I wouldn't take any action until you have taken advice though as it could go against you.

GTTS

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Posted : 25/09/2014 4:16 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

You say that there is a small footnote on contact, what does it actually say about it? What was actually stipulated as far a contact is concerned?

How old are the children and how do they feel about the contact thus far?

I think you would be within your rights to restrict contact if you feel there is a risk to the children due to unsanitary conditions. I don't think you are being unreasonable as it is your responsibility to make sure the children are safe and if there are doubts about the conditions they may be subjected to at their mothers then you are within your rights to do something about it.

It might be worth arranging for contact to take place at a contact centre and asking to inspect the living conditions provided for the children before agreeing to a resumption of overnights. It might be a good idea to stipulate that she agree to regular inspections of the living conditions, this might keep her from letting it get out of hand.. at least this way you are not stopping contact, just protecting your children.

I would also call Social Services and bring them up to date with the situation, ask them to log your concerns and ask what advice they can give.

If you stop contact then she could take you to court for breach of the contact order, but if the court considers you had a valid reason for stopping the contact you won't be penalised and they are likely to put conditions on future contact.

Legal aid is no longer available for family law cases, so she would either have to pay for a solicitor or self represent, this may cause a stumbling block for her to apply for a breach of contact anyway.

Good luck πŸ™‚

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Posted : 26/09/2014 11:57 pm
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