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Will court count th...
 
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[Solved] Will court count this as a breach of order

 
(@Mom24)
Estimable Member Registered

My Son has child arrangements order for his son, the order has a penal notice for committal attached due to ex's behaviour running up to the final hearing.

The day before his third contact his ex has advised that their son is ill and she will advise tomorrow.

He has asked if their son went to school today and if he has seen a doctor. She has not responded.

She has already had a solicitors letter reminding her to be on time as the 2nd contact was late, and warning her that she was not to interfere with their contact as she had constantly interfered and tried to entice their son away during the contact session.

We can only assume this is the latest in her series of games.

I'd like to know your opinions on whether the court will count this as a breach of the court order, should she not turn up as ordered tomorrow, with the excuse of illness.

x

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Topic starter Posted : 03/10/2014 11:39 pm
(@Mom24)
Estimable Member Registered

Hi All

Well she astonishes me..after being told 3 times in court she will go to Prison if she breaks this order ( Penal Notice attached) she has on the 3 weeks in broke it on every occasion.

This week resulted in a solicitor's letter being sent reminding her she was to follow the order, due to breaking it by being late and trying to coax Son away from Father plus things she is obviously saying to the Son. This weekend she has puled the he,s not well card for the last 3 days. Wont respond to has he seen a doctor or has he attended School. Alternative days have been requested she has stated she will be in touch if he,s better..

As her track record is to deliberately destroy Father Son Relationship. looks like a trip back to Court and this time we will be asking for Costs to be awarded against her.

I feel so Sorry for My Grandson..He see,s his Daddy Then is yanked away again.

She cannot say this is in the Child's best interests.

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Topic starter Posted : 05/10/2014 2:16 pm
 Mojo
(@Mojo)
Illustrious Member Registered

...it's a bit of a moot point really, but it's good that you asked if he attended school or the doctors,...if he's well enough to go to school then he is well enough to go to contact, and likewise if he poorly enough to miss the session the you would expect a visit to the doctors.

I think the court will draw their own conclusions about it but I would keep up the pressure.

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Posted : 04/10/2014 12:22 am
(@Mom24)
Estimable Member Registered

She has texted to say he's not well and there will be no contact.

She has twice ignored the question - has he seen a doctor and wouldn't respond as to whether he was at school on Friday.

My son has suggested having contact tomorrow - she said she'll see how he is...

We wait to see what tomorrow brings.

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Topic starter Posted : 04/10/2014 5:02 pm
(@dadmod4)
Illustrious Member

Did he have contact today?

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Posted : 05/10/2014 6:44 pm
(@Mom24)
Estimable Member Registered

No he texted at 8am this morning as to how the Child was..No response for 3 hours just " He is still ill"

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Topic starter Posted : 05/10/2014 6:59 pm
(@dadmod4)
Illustrious Member

I would ring the court in the morning, if she isn't replying to your questions regarding school or the doctor (which are perfectly reasonable questions) then I think that enforcement is an option to seriously consider. I wonder also whether it's worth starting to consider a change of residence - more to jolt his ex into complying with the contact order.

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Posted : 05/10/2014 7:26 pm
(@Kirsten)
Reputable Member Registered

Hi Mom,

Unfortunately if there is no stipulation in the existing court order to make up for lost contact, there is very little you
can do.
My son has had the same issues with his ex....but he now phones the surgery or nursery if the ex isn't forthcoming
with information.
My advise would be to do likewise and make a note of it by way of evidence.

Tc
Kirsten

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Posted : 05/10/2014 7:28 pm
(@Mom24)
Estimable Member Registered

He has 50/50 shared care which is increasing with each contact.

She was told in the final hearing 3 weeks ago that failure to comply with this order would result in a County Court Sitting..with a view to Prison..

Full residence is still a option..

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Topic starter Posted : 05/10/2014 7:33 pm
(@dadmod4)
Illustrious Member

Normally, I'd suggest to just record it with a first missed contact - but there's a history, so I think it's worth pursuing early.

I've merged your other thread with this one to keep any replies together πŸ™‚

ReplyQuote
Posted : 05/10/2014 7:35 pm
Mom24 and Mom24 reacted
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