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Hi There all, its been a while since I have posted as I actually thought that once I got a Child Arrangements Order nearly 18 months ago things may actually calm down.
It turns out that is not the case for me and my little ones. My Ex has somewhat lost focus from when we split and even though we both went on the SPIP parenting course she did not use anything that could have helped my 2 girls transition a little better.
Since the Order, my girls took to my girlfriend so very well, they love coming over to ours (my girls are mature 6 and 9 YO), I have them every other weekend from Friday evening until Sunday evening, one night in the week I do not have them, and 50% of all school holidays, plus share birthdays etc
As I said we are 18 months in, without any drama from my weekends, the girls actually still cry alot at the end of the weekend as they do not want to leave, it really is heartbreaking. On my last weekend a month or so ago, my 9 year old wanted to take her sister out into our secure Cul de Sac on their on to play Pokemon Go, which is fine, we all know everyone in on little cul de sac and they is around 6 other children the same ages as mine, they all get all so nicely. Our Cul de sac is also located in a newish housing estate, which has no main roads and a 15 mph limit around it. The girls wanted to go a little bit further afield, they've been asking for months but im pretty over protective and even though all the other children are allowed ive never given in. Until this weekend, I risk assessed the situation, I said they had to be back in 15-20 mins, we were both tracking their phones, and I set limits as per the NSPCC's Risk assessment leaflet. The kids went out, and I noticed the gps was nearing our local park (which I told the 9 year old not to go to) So I FaceTimed her, and said that they should turn around as she had gone against the agreement, 2 mins after that she then called back to say her sister was tired (she has Type 1 diabetes) so I jumped in the car and was with them in roughly 30 seconds. She wasn't low or in danger and I thought my 9 year old did as she should have, she thought there was a problem and called for help.
2 weeks later an hour before the next contact weekend pickup time I got an email stating that my ex thought the children were in danger and is stopping contact citing this as Safeguarding.
I have not heard a peep from her in 5 weeks with next steps, even though I explained the above and even attached a copy of the NSPCC leaflet, telling her that when the children were in my care I make decisions on what they can and can not do, within reason and vice versa when she has them in her care. She leaves them both to go and collect fast food and is gone 20-30 mins, she leaves one on their own whilst taking the other to clubs, I dont see the difference too much.
My ex has an issue that ive moved on, its been 3.5 years since breakup up and she uses the 9 year old as a confident in CSA matters, her romantic life, even serious medical stuff which really upsets my 9 year old, even though ive raised it, it does not stop. All other side of the family talk about the issues in front of the children whereas the children know all we do at mine is have fun.
What makes this worse is that it was my 9 year old that FaceTimed me after I sent the explanation email to tell me that I won't be seeing her for a while, she was it bits and angry at her mother (of course I recorded it) all I said was that this is something she should not be worrying about and I will see her soon and we love them both so much.....Her mother was aware of this call, even given permission for here to make this call.
Now, yes I let the children out alone, in a secure place/area, yes they went slightly off beat but did the correct thing in the end, and still were not gone long. I still believe it is a small thing. What can I do to get my children back? I have tried communicating to get things sorted but she hasn't responded and won't, with my little girl saying it is because of this little walk they had. I guess enforcing the court order Is next? anyone ever done it? I spent over a year in court winning my kids back the first time, I hate the thought of it again.
Do you think I was wrong letting them out, like my neighbours do to their kids, in a neighbourhood they know and is blocked from all main roads?
Even though ive been told I can let them do things whilst in my care, will a judge see it this way? I just want to get my children back asap as they are already suffering again due to the no contact thing, My ex has done this before and suddenly changed her mind.
I hope someone can offer some king of advice that could help this horrible situation for the children,
Thanks for listening, if you need more info just ask as I have left things out that her side have been doing as I believe this is purely about this one issue.
Me. (I attach the NSPCC leaflet)
P.S. I forgot to mention, after letting me know contact was stopping, I found out she had already ripped the children from School (lunchtime) and taken them to Butlins, the School even contacted me on the Monday as they were worried about the girls as neither had showed up for School on the Monday either, they were taken back Tuesday. In the order, im supposed to be told if the children have medical issues, school issues, aren't going to school, if they are being taken away somewhere etc etc.....All just ignored.
Hi,
From my point of view it sounds like what you have done is not unsafe in the slightest, giving children freedom is important and it sounds like you followed all the required advice.
If I was you I would apply immediately for an enforcement of the order, I've got a feeling the judge will look very unfavorably at your ex's behaviour.
I know it might seem difficult but from what I believe enforcement of an order is alot more simple than getting a CAO in the first place and sure you can do it yourself.
Your other option seems to be to wait until your ex backs down which could take forever or never happen.
Good luck
hi,
sounds like you need to enforce the order or you just have to accept not seeing your children again. for me, i wouldnt feel comfortable letting kids out on their own. maybe if i can see them from a window or something. i prefer to supervise them whenever their with me. i dont think the court will agree with your ex, about blocking contact because of that incident. apply for enforcement, and re-assure court/ex that you wont let kids out of sight in future.
I'd echo the other responses here and suggest C79 application for enforcement of order.
however, are you able to contact your ex to discuss this and reason with her?
if not then write a polite email stating that you would like her to agree and reinstate contact and ask her to respond in a positive for the children's to have time with their father and for her to help you find a way to move forwards on.
Give her say 7days to respond, if she hasn't or it's negative then send another email of the same content - i.e to help find a way to work forwards for the childrens sakes but add that if she is unwilling to do this then she leaves you no option but to ask the courts to step in an reinstate contact.
Give her another 7days to respond, if she hasn't or it's negative again then apply for enforcement.
That was how I always dealt with my ex....the Three strike rule! give her two chances to do the right thing, give her a final chance with warning that you'll ask the court....then do it!
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