Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
My boyfriend is due to start court ordered contact at a contact centre next week. He had his initial meeting there today. They informed him that his ex didn't show up or cancel her own meeting which should have been earlier today.
The likelihood is she won't show next week, or otherwise delay the process some how. This was court ordered at the first hearing in mid December. The next hearing is mid February.
What does he do? What can he do? I've posted about his story before, but his ex physically attacked him while he was holding their daughter. The section 7 report questions focus solely on her ability to parent in view of the domestic violence perpetrated by her. My boyfriend has had no allegations against him, nor have any questions been asked to answer for the section 7 about him.
Can he get an urgent hearing if she breaches the order? There was no specific date in the order, just that contact it was all "as soon as reasonably practical". He will speak to his solicitor but obviously he can't do that until Monday.
Thanks.
He certainly needs to speak to his solicitor - I think the solicitor needs to contact her to give her a deadline for arranging the contact, and that if the deadline isn't met, then you will be going for enforcement.
If she hadn't turned up,for the meeting yesterday, it's likely she won't turn up for the contact session either.
As there was no specific date for commencement at the centre on the interim order, she's not really in breach, she will no doubt make an excuse as to why she didn't attend and often the court will just accept that, only when obstructive behaviour happens over and over again do thecourt take a firmer stance unfortunately.
He can write to the court and make them aware of her non attendance at the contact centre, but as contact isn't scheduled until next week and he is back in court in February, I don't think it's worth paying a solicitor to do that. He would be better advised to put it in a brief position statement to take to the next hearing, he can write it himself to save further solicitors fees.
I agree - she cannot really be classed as being in breach.
I would suggest that he waits to see if she turns up for the first session. If not, I would suggest he (or his solicitor) writes to her asking why she did not attend and to comply asap.
At least that way, if she doesn't turn up and doesn't respond, the court might be more inclined to come down a bit harder at the hearing in my opinion.
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.