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As the title suggests she's playing games again.
After breaking the (three week old) court order by saying their son was ill on Saturday, she relented and allowed some contact today - but the first thing their son said to his father was "dont take me away". This is the second time he has said this to his father - so it seems that she is trying to undermine the contact process by coaching him. This can clearly be heard as given past unfounded allegations by his ex - he has started to record all meetings.
The order states that contact is to be just father and son, with no involvement by the mother, she refused to allow their son to go with his father, and stated that she would not allow him to go as he was upset. She also stated that she would not allow their son to stay with him under any circumstances regardless of the court order giving shared residency - she can be clearly heard to say I don't care what the court order says - you wont have him overnight.
As she had previously lied to the court and been shown to do so - the court order has a penal notice attached and also a notice that the father is willing to proceed with an immediate committal hearing after any breach of the court order.
She just seems to be unable to grasp the fact that the court has the power to enforce its ruling by sending her to prison (with an automatic transfer of residency to the father) and seems to be going out of her way to make it happen!
From their sons behaviour and the things that he has said it it obvious that she is poisoning his mind against his father - she must have been repeating to him: you father will take you away, don't tell your father where you live - he will take you away.
She is crying out for a prison sentence ..
It seems you have good grounds to get an enforcement but I'd say your best bet would be write to the courts politely requesting another Directions hearing as it will save you some cash and it is very rare that the courts actually punish the resident parent it will show you have a bit of compassion instead of going in there all guns blazing they if she messes about again go for the enforcement.
My ex completely ignored the order and I got her back in court they believed all her lies and it was me put on the back foot but just the threat of going back to court made her play ball and allow contact.
If the courts do decide to punish her then cafcass will become involved and they will assess whether she is suitable for unpaid work, a fine and they usually rule all that out as it will directly affect the child especially prison, the last resort is change of residency but that is very very rare, I think a trip back to court when she will get her wrist slapped may do the trick 🙂
Hi Slim
The last hearing was for Enforcement ( did not go ahead as couldn't be proven she was aware of order claimed to have moved address)
Caff Cass did checks for suitability for unpaid work.Not suitable she has a young baby . She has no income so fine out of window which leaves 2 options. She was warned by courts in last hearing 3 weeks ago how serious this was and if she broke this order she will be dealt with in a County Court. And that my son will go straight for Committal. She was asked through out the last hearing if she wanted to go to prison. A slap of the wrist is of no consequence she continually sticks her fingers up at the system( courts aware of this thats why my Son got everything he asked for in last hearing it was there way of punishing her without a punishment) .
She can clearly be heard saying she will not abide by this order. Going in all guns blazing is the only way with this ex..she has no concept of right and wrong and to frighten a childs to the degree that he thinks his daddy is going to take him away..well in my eyes she is emotionally battering the [censored] out the Child.
Fair play then looks like she's in for it at court has your son asked for another hearing yet?
He will be on phone to Solicitor 1st thing..have a feeling advise will be let her break it again this week 1st by refusing to hand child over.
She will turn up for Contact, but will have put the fear of god in the Child so he will be too scared to go with the naughty man who is going to take him away. She has stated she is not sending him while he is upset even though the courts pointed out she must encourage him to spend time with his father.
Its more the emotional abuse that we are worried about..My son said the child was terrified to even look at him..
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