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Contact Centre Diso...
 
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[Solved] Contact Centre Disobey

 
(@kierana001)
Trusted Member Registered

Hi,

so basically I won the finding of fact. All of the allegations. Now, I have completed my SPIP and now I have to see my son in a supervisted contact centre for 6 sessions.

Recently, the mother hasn't delivered him twice now. She claims she's moving from Brighton to Eastbourne and that's her reason for not delivering him. (she told contact centre she went over there for an emergency) so she's conflicting her story.

I was just curious, what happens if the mother doesn't agree with anything at all on contact arrangements on the court date 6th Nov. (In addition, what happens now she's stopped a court order) twice now.

Quote
Topic starter Posted : 10/10/2018 1:45 pm
 Mojo
(@Mojo)
Illustrious Member Registered

You can email the court, for the attention of the name of the judge that made the order, and explain that the current order for contact has been breached twice and ask if it would be possible for the case to be returned to court for urgent new directions. You could also share the information that the mother has stated she has moved.

As you are having supervised contact, the CC should produce a report for the court about how the contact has been going, if it's favourable, it's likely the court will want to progress contact, they might order a short period of supported contact first, and then a schedule of increasing contact out in the community.

It might be helpful if you prepare a schedule of increasing contact to take to court with you, sometimes it's a good idea to ask for more than you would be ok with, it gives you room to be seen to compromise without giving away too much.

All the best

ReplyQuote
Posted : 10/10/2018 2:01 pm
(@kierana001)
Trusted Member Registered

Hey thank you very much for the info.

The mother of my child is still not playing fair, she's not abiding by the set proposals the court put in order. Does this mean I will never see my son? Say if the mother moved, or was just a total nightmare in my case and not letting me see him.

My solicitor messaged me again just now stating the mother phoned in to state the below:

She wanted to know why you were claiming costs and how much. She was angry that you would do such a thing. I confirmed that I would provide a schedule at the next hearing and that you were entitled to claim costs as they had been incurred due to unfounded accusations by her. No facts were found against you at the fact finding hearing. I confirmed that you were now incurring further costs to the contact centre and she was failing to adhere to the court order and had not delivered your son twice.

When I reminded her that she was in breach of the order. Her reasoning was:

1. She cannot force son to be available if she is not available

2. She will not travel from Eastbourne to Brighton

3. She will not change contact centres to Eastbourne as she does not want you in Eastbourne or to find out where she is living

4. She has not informed the court that she is Eastbourne as it is none of the court's business and a temporary arrangement.

5. She is in Eastbourne due to family issues which are none of the court's business

6. She will not meet you at a contact centre half way as she still would incur travel costs

She reverted back to costs and I confirmed that they would be discussed at the forthcoming hearing and that I was not able to advise her in this regard.

She was sounding angry and her reasoning for not allowing you to see son was somewhat juvenile and avoidable. It appeared to me that it would be an inconvenience and expense to her that she would rather refuse. At no time did she have any thought in respect of what was best for son. I again confirmed that she was in breach of the court order.

I confirmed that as it stood, you were only seeing son for one hour every fortnight and that she appeared to be stopping that for no reason other than she had moved to Eastbourne. She had no remorse in respect of being in breach of the order and more or less implied that she would continue to breach the order.

I asked if son would be available on the next session. She said it had been arranged for Friday between 1pm and 2pm as she had transport into Brighton to take her other son for an appointment. She stated that she was coming in early so that son could see you. I said that I had spoken to you this morning and I was not aware of the time of 1 to 2pm. I asked her if that was definite and she replied that it was.

I then again asked about the missed sessions and the last one before the hearing and she repeated son was not available and she could not force him to go if he was not available. When I queried this we were speaking over each other and she hung up.

It would appear that contact has been arranged on Friday between 1/2pm but you may wish to check with the contact centre tomorrow.

My solicitor later stated that she has the phone calls recorded for court.

ReplyQuote
Topic starter Posted : 10/10/2018 10:51 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Your solicitor seems to have a good handle on your case, I’d run it by her about contacting court for urgent new directions, in light of the telephone conversation. Your ex is certainly not making things easy for herself!

ReplyQuote
Posted : 11/10/2018 12:27 am
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