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Ex breaking Prohibi...
 
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[Solved] Ex breaking Prohibited steps order- Help ?

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(@eric14)
Honorable Member Registered

An officer has now attended but sadly unable to do anything about the breach, as it is not enforceable by the police and in actual fact the officer said that the only way would be to interview the children which would obviously be far to damaging to the children this however I think was because of the bail condition he has not the PSO,

I am really sorry to say that I don't feel the PSO in my circumstances is enforceable even when breached

so that's the not so good part now the good part is this,

The officer believes that the ex is behaving irresponsible towards the children and she is going to pay her an unexpected visit , she can do this once and then she said she will seek permission to attend at a random other time with the dates we have given they form a pattern of when he has be their ...she is hoping this will give her a 'kick up the [censored]' in the hope that she stops seeing him at least while the children are in the house ,

as their has been a few incidents recently , her verbally threatening my wife at work, her telling my daughter about how she wants her step mother dead, her seeing this man and few others bit's the officer has said she will send all details to the intelligence as she is building a bit of a profile,

I showed her the letter I have wrote and sent to the judge which she was happy about and stated that she will finish her report so if the judge requested the information to back up the letter it will be available
the officer was very positive that her games will be found out and couldn't really say too much but said that he was known to them and that their is a reason the case isn't being dropped but didn't tell anymore

she feels that the cafcass guardian is one way in which the children may express how they feel about him being at the home and they may also let the guardian know they have seen him which then the judge could question the mother on

she was very encouraging of our situation and really apologetic that she couldn't 'go and arrest' him
really felt believed and listen too so that was positive

ReplyQuote
Topic starter Posted : 02/06/2014 11:34 pm
 Mojo
(@Mojo)
Illustrious Member Registered

That's really encouraging Eric! I think we knew that the police wouldn't be able to enforce the PSO as its a civil matter, but her positive response and the fact that she is actively seeking to assist you is a boost!

ReplyQuote
Posted : 03/06/2014 1:12 am
(@diamond72)
Eminent Member Registered

so the PSO, its really not worth the paper its written on???
I know with the court orders, unless they have a penal option included the police can do nothing, so is the PSO the same?

ReplyQuote
Posted : 04/06/2014 2:44 pm
(@Nannyjane)
Illustrious Member Registered

It's a grey area but effectively the police can refuse to act on any orders, even with penal/warning notice attached, that are generated in a Civil Court.

All court orders made after 2008 automatically have a penal/warning notice attached.

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Posted : 04/06/2014 3:46 pm
diamond72 and diamond72 reacted
(@eric14)
Honorable Member Registered

the PSO in my circumstances is not worth the paper it is wrote on

it's not enforceable even when breached as all you have to do is say no I haven't breached it and that seems ok ,

had emergency hearing and basically ex said she has not been or seen her boyfriend for 11 months they have not even had phone conversations - so you and me being logical people think how are you still in a relationship but no it's believed and I am told I shouldn't of called police as if they had gone round to ex it wouldn't have been nice for children :unsure:

it was completely pointless hearing where I feel ex felt the judge was on her side and now will continue to break the pso as she knows their is nothing I can do so what's the bl**dy point in it .... I am not feeling great at the moment but I know it's all part in parcel I am cross that this has happened as I was happy and confident with how things were progressing and now I feel it's taken a turn for the worse

for me it's difficult as I have my children every week and some will think why would I jeopardise this and believe me I wouldn't if I did not feel it was for the best for my children - they suffer neglect , abuse , used for financial gain and expose to drinking and violence which I believe not to be acceptable yet im seen as having too high standards that puts stress & pressure on the mother

my faith has to be placed with CAFCASS now and to be honest I do not feel confident my children will be able to voice how they feel or I will be able to express my true concerns without looking like im being petty

I failed the children so so badly by allow that lowlife to be their mother she is heartless .... she bullied and belittled me and made me believe I would never find any better ,I desperately wanted to be a father and that was so selfish of me for now I have given them her as a mother - I will forever feel guilty for that I am feeling low and self pitying I know but I do feel it's all my fault I just don't know how to make it right for the kids, 🙁

ReplyQuote
Topic starter Posted : 06/06/2014 12:39 pm
(@Nannyjane)
Illustrious Member Registered

It's ok Eric...it's not your fault and you are not failing your children, the system is!

The process through court is a gut churning roller coaster ride....you just have to hold on tight and know that there will be ups as well as downs before its finished.

She will mess up and hopefully things will start going your way as the case progresses...x

ReplyQuote
Posted : 06/06/2014 3:10 pm
(@dadmod4)
Illustrious Member

I agree wholeheartedly with NJ, Eric, you have not failed your children at all, you are doing everything within your power, and it's the system that is failing you and your children.

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Posted : 08/06/2014 11:58 pm
(@diamond72)
Eminent Member Registered

sometimes its just very very hard Eric, we are at that same low point.

Mum of my partners told Social services she really likes me, the boys have a good relationship with me etc etc and she is happy for me to mind them etc but then in a solicitors letter states i know nothing about one of the childrens conditions and that my lack of care could damage him emotionally!!!!! and that during the summer our two weeks should be culled unless my partner is there the whole time ( we have a holiday booked, and then he was going to work the second week and me and the kids would go and do stuff each day).
Social services basically shrugged and said they cant get into the legal stuff as thats not what they have heard, they were abit embarrassed when i was able to produce the solicitors letter after they said well thats not what she makes out to us, she likes you!!

so what do we do? we keep going Eric, you keep it toether, see your kids, make that time you DO have with them good and pray, that one day, it all comes good.

thoughts are with all of you going through this [censored] 🙁

ReplyQuote
Posted : 03/07/2014 7:15 pm
superprouddad, superprouddad, eric14 and 1 people reacted
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