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Just About 30 minutes ago a Police Officer has came to my home to issue me with a PIN Notice (Police Information Notice) for apparently harassing my daughters mum via text! This is the conversation they are referring to..
Me: 'I will expect my daughter to be ready to pick up tomorrow morning at the time stated in the Court Order'
Daughters Mum: 'Ellie will not be coming'
Me: 'Then the Police will be involved again'
Daughter Mum: 'I would advise you to seek legal advise like I am. Due to non return of Ellie on the 7th of September direct contact will not be going ahead. I do not wish to receive any further messages from you'
Me: 'You will not hold my child hostage. I will be coming to collect her'
That is what they are referring to as harassment...
Might I just add that I have a Contact Order in place to have the weekends with my daughter.. and the 'Non return' is regarding my additional holiday contact which her mother decided she didnt want to go ahead with any more yet my daughter was already with me..
However, when I asked for help from the Police when she has refused to hand her over for contact, I am told that the Police cannot get involved because it is a civil matter.. Does this make sense to anyone???!
The police won't get involved - you need to apply for enforcement of the order, form C79.
What you wrote could very easily be seen as harassment. Be very careful, especially now that she has specifically asked you not to contact her.
The police would get involved in that and you could end up in big trouble. It will also adversely affect your dealing with the main issue, which is time with your child. The police will not get involved in that so do not threaten it.
Hi,
It seems so unfair how police can act in one issue and not another but I guess thier hands are tied as to what they can do, I would say that with the minor warning they gave you it sholdn't effect any court in the future but just be careful what how you contact her from now.
As said you would need to get an enforement order now as she has broken what is in place and go from there, I would feel that the judge wouldn't look at your txt as a negative approach but write them out as you have here as evidence along with the ones where she decided to ask you to return your daughter earlier than in the contact order.
GTTS
Hi Dan
I was also served with one of these on xmas eve, Id been to drop a christmas eve present off for my eldest, dad said it was OK for me to call round and do so, I went round, kissed my boy handed the gifts and left, NO words were exchanged, nothing!
Later that day an officer called at my house and issued the notice! I refused to sign it as it stated I had caused him alarm and distress but I hadnt, the officer told me not to worry, he would be signing the same and it was just to say she had been - tricked in it!
Its not a criminal record and it isnt an admission to anything. My ex thought he had one over on me because of it and told whoever he could it was a harassment order and we werent to be in the same room together. In court I admitted I had it, the judge had no clue what one was so I produced it, and I explained, he was absolutly GOBSMACKED!
Dont worry about it but be VERY careful the way you handle things in future. Mt ex continued to contact me after I had been issued with which sort of defeated the object I spoke to the police and they said advised if he was the once contacting me to start off with then they couldnt really enforce further action, just do you best not to bite, it will be what she wants.
My friend..its nonsense...I have had a PIN served on me...for sending a letter to my ex wife...asking for my kids passports as I was taking them on holiday...I said if she refused to hand them over I would take her to Small Claims Court for losses...(last year it cost me £1k in legal fees getting the passports)
She reported me to the Police for that ...and I got a PIN!!
3 days earlier her new boyfriend threatened me...and was abusive in front of my kids, I didn't get out the car and the incident was witnessed by my partner...called the police,,,showed them the video taken on my daughters phone...
The police said not enough to get a PIN on him...!!
NOTE: I've just noticed I have replied to a post that is over a year old - I'll leave the reply below in place though as it stands in case anyone else is in the same boat!
I'm not a lawyer but my advice is to take the notice very seriously.
If you do the following:
Issue a C79 enforcement application without delay
Write a position statement for the resulting hearing including the texts
Do not contact the ex in any way
Do not try to collect your child
You will be in a very strong position in Court. At a guess, I would say that she is likely to reply to the C79 with allegations of harm and DV.
At present, all she has is the pin based on the texts you sent. If you are arrested she will have much more and possibly be on her way to getting a restraining order or non-molestation order.
If she gets an order she may well then be able to get legal aid.
It sounds crazy and totally unfair, it is. Her legal advisor obviously knows the game and is playing the system. This is textbook.
If you are lucky, you will be assigned a judge who can clearly see this - take the steps outlined above and you have more chance of that happening.
It's lost time with your child and feels like a loss in terms of the police / legal system at present but if you play the system (straight) you should come out with a good result.
This country is in a terrible state as a result of crazy games likes this, until these loopholes are closed the games will go on. That's life I'm afraid.
yoy can get legal aid with a pin notice now. my ex managed get legal aid with hers.
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