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please can i get some legal advice..
ive just got back from a contact with my son... need to get it back in to court but im in need of how i can press charges for the following things.
breach of contact order
and my sons calling someone else dad
i also need to know how can i get access to my son without the childs mother being present.
she has now written to me a lot of lie and i just want it to stop...
below is a email i have just opened from my ex partner...
i have not yet responded and i desperately need to take this to the next level now.. its getting ridiculous.
In regards to your suggestion about a contact centre I am refusing to put Alex into one as I am not denying your your three hours contact. Alex is presented to you on your visitation and you have chosen to not comply with the access given. For reasonable reasons why I have not attended due to health or holidays that benefit Alex. You have informed me that you had been arrested for possession of weed and on the weekend that you was due to see Alex you couldn't due to visiting a convicted criminal in prison rather than see your son. If you had another reason due to health or work or family grounds I could understand and for that reason alone you can not be trusted with Alex as I have stressed this is something that you would have done when we went to court in the beginning. Due to the fact that you have argued with me during your visit with Alex and neglected him with threatening to leave the visitation due to me not responding to your aim to discus why I do not wish to talk to you during contact and you following me around a playground I have brought someone with me on three occasions and I have explained to you that I will have someone with me. No one that I have brought has made contact with you during your time with Alex and the last visitation I even recorded your start if contact where you hadn't even greeted Alexander instead you had sat down for a while before engaging contact with him. He also wasn't being looked after while in your care where I had to come over and ask you to not allow him to do that as it's not safe there's no barrier on the playhouse. I also told you on three separate occasions where you are not being responsible with what you are doing. I also told you at this visitation that Alexander will be starting a football club on Sunday before he goes swimming classes with myself on the Sunday. Seeing tho you cut contact short again maybe we should lower the contact to two hours as you don't seem that intrested in spending three hours with Alexander. Alex will start football 11-12 Sundays so I suggest that you meet at 10:30 can have a drink with Alex then watch him play football. It's now starting to get cold so visitation can't be in parks for three hours. I am not allowing my son to be put back into a centre when there is no threat to you or contact with anyone. You are left to spend your time with Alex weather I'm there on my own or with someone. I can't help not tell Alex who he calls dad especially when for the the last 3years my partner has been there every single day and that's something that I can't help with. When Alex is older I will explain more in detail but that's not going to help while he's still a toddler. If you do take me back to court remember I am not denying you access I'm being quite reasonable and a contact centre is not best for a little boy with the problems that he is facing.
My address of where I'm living on three occasions you are asking me where I'm living this is irrelevant so please stop asking me and I'm awaiting a separate phone and number just for contact.
Unfortunately, you can only enforce contact if it is not happening.
You would need a C79 form submitted to the court ASAP. You can state the concern of calling someone else Dad on there.
The email alone is ambiguous and without some explanation it may be difficult to sensibly give you further advice. From just giving an inkling it appears to be the "usual pattern" but for example did you miss a contact session to visit someone (convicted criminal aside)?
i gave 1 weeks notice
she said yes ok,
then i made the mistake of tellin her why i was needing the day and y i couldnt cancel it..
she has been to jail before therefore i thought she wud understand the importance of a visit...
i did also state throughout i wud cancel it if it wud cause a problem...but it just caused a problem..
just feels no matter what i do its a issue....yet she does as she please...
I agree with yoji, she hasn't breached the order as far as I can see. You can apply to the court for a variation, but I'm not sure that you'd get anywhere to be honest. It may be a matter of giving it time and building up trust again, or possibly seeing if she will go to mediation to see if there can be any compromise.
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