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My current court order states that handovers occur at a gas station near my ex wife house. However there have been occasions when she has requested that i drop our son off in front of her house.
Anyway, this weekend i asked her over the phone if i could drop our son off a little earlier outside the house at 5pm. She said yes.
I dropped my son off at 5pm but then later when i checked my email i saw an email from her, sent at 4.46pm, requesting that handovers occur at the gas station. I told her that i did not see her email and dropped son off as originally agreed.
She then sent a reply, Cc her solicitor, that she revoked her original approval and that i was in breach of the court order by dropping son off in front of house. She will be reporting me to the police.
I just dont know what to do. I did nothing wrong but i just dot want to go through the hassle of being arrested, thrown i a cell, interviewed and then released when they see i did nothing. The arrest is unavoidable since she will cite the past DV (over 5 years ago) and they will have to speak to me as a cautionary measure.
Should I just speak to the police now.
Is there a current non mol against you?
Had you already left to drop your child at 4.46pm? Unfortunately, as she agreed to the drop of at the house over the telephone there’s no actual proof of what was said, all you can do is show that there was a call.
I would write to the solicitor, pointing out that you had verbal agreement from her about dropping off at the house at 5pm and that she sent the email changing the plans with only 14 minutes before the agreed drop off at the house and you had already left and had no way of knowing about ituntil after the event.
If there is no injunction, I can’t see that the police would get involved, unless she makes a further allegation of recent violence.
Hi there is no injunction or nmo.
It was a verbal agreement but she did state in her email she revoked that agreement (via her email sent at 4.46pm). So i guess that confirms that there was a verbal agreement, right?
Have i broken the court order?
What steps can she take to damage my contact. Thats all im worries about tbh. I dont want her using it as an excuse to regress my contact or stop it.
You're right, that's confirmation.
There's nothing wrong with parents having some flexibility towards contact... an order sets out what has been decided in court, but parents working together can add more detail and make small changes to fit around changing needs. You had an agreement, which she acknowledges in writing, she moved the goalposts with just 14 minutes to spare, it's not reasonable to expect you to pick that email up if you were on your way to drop off.
If she stops ordered contact she will be in breach, her reason for doing so doesn't stand up in my opinion, I would write to her solicitor and point out the above, also that if she stops contact you will not hesitate to apply for the order to be enforced.
Hi There,
I agree 100% and I was going to say that as she says in email about revoking the agreement she had admitted that there was one in the first place.
Giving only 14 mins notice via an email when you would probably already left wouldn't give you chance to see it.
As said reply to the solicitor saying that and that the order would normally state that agreements can be made between and this was an agreement between the two of you.
If she does try and bring up in court as said I don't think a judge would act on this, they may even give her a dressing down for changing at the last min.
also worth bringing up is that if she had phoned you rather than emailed you would have known she was trying to get hold of you rather than not seeing it until too late.
GTTS
Agree with all that has been said above & if she's emailed you 'revoking' an 'agreement' that close to handover, it would almost seem like she was trying to create a situation. I doubt this would stand up with the police or court.
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