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Partner is due his second directions hearing for defined contact in the next few weeks. Ex breached the interim order twice since first hearing. No valid reasons for breach. Partner arranged MIAM (not court ordered, but getting in there first), he has attended, she hasn't as yet.
On advice from the court, after first breach a letter was sent to his ex from my partner recognising breach and pointing out warning attached to order. On second breach, court wanted us to send them a letter recording breach and reasons we were given for it, but also said to send a copy to his ex. All done.
So my partner receives a call from the police claiming that he is harassing his ex, by sending these letters. Also claims that he has been sending abusive text messages to his ex and her partner (not true, we have kept record of all communication, which we have offered to the police if needed) Now the police have dropped the matter, as it is a civil case and they see no need for further involvement, but has been noted as a domestic disturbance due to the fact they had a previous relationship. But my partner has been told to not contact her, including forwarding any paperwork regarding the court case. So a couple of questions really,
My hubby has been advised by the court to send her copies of all contact we have with court, and any contact with her regarding the breaches. Is this incorrect? Or can we not bother sending copies to her if she claims it's 'harassment'.
Is this likely to damage our case? Cafcas ceased involvement after the first hearing, no previous
DM from him or any safeguarding issues. I believe we have a strong case for contact otherwise with 2 breaches and her non attendance of an MIAM?
Anyone got any ideas?
I would write to the judge and tell him/her what has happened just as you have here....state that due to the fact you have been told not to contact her, including forwarding court related paperwork, you are unable to send her any further paperwork as is the usual procedure.
It might be a good idea to ask the police for written confirmation that you have been disallowed from forwarding any further court related paperwork to her, for the purpose of filing with the court, as it goes against court procedure.
Make your apologies to the court and ask how you might proceed as far as forwarding future paperwork to her is concerned.
If you keep the judge up to date with her carry on it won't reflect on you...it's much more likely to reflect on her though, IMO!
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