Hi, iv been to court twice and the first time my sons mother decided that the contact order wasn't an order and that she could chance and make her own decisions on when and how I see my son so I had no choice but to apple to the courts myself,
we went to court back in July 2016 and everything seemed good, it was weird with the way she was acting because she was saying how she wants me to have my son at my partners place (my girlfriends) ect which is good because I don't have my own place I share...
I have my son every fortnight with over night stay but with my girlfriend living with her nan it was a bit much to have him over night so we agreed that she would pick him up at 5 then drop him off the next day for 10.. Everything was fine and going smoothly...
I took my son to a indoor play area to with he had a small fall and ended up with him going to hospital to get checked over as his only 2 and half years old... Cut a long story short
He had a cast on with a small Fracture on his arm... Now going back to the hospital a couple of weeks later and I went there aswel the doctor said it looks like this fracture had happened before he had the fall and he gave a small date on when it could of happened now he wasn't we with on that time... Anyway the reason I'm writing this is because,
I last saw my son on the 4th December and then received a text from her saying how she seek legal advice and stopping my contact for that weekend 16th and 17th, when asking why there was no reason she couldn't tell me but saying I will receive a letter from her solicitor.. Days later my partner messaged her asking what's was going on with Christmas as we agreed 24th for the day and 27th for the day but of course we received... Contact had been freezed by her solicitor... Now to my understanding contact cannot be stopped unless by the courts
I'm now in the waiting game for court date and also she said that she put court papers in herself too... Just need some help as to what can I do to make the judge see that all she is doing is being difficult and stopping me the important time with my son...
I'm going crazy with what I know will be loads of lies and trying to make me out to be a bad dad and of course this all had to be because he had s a small fall from one step to the padded floor in the Indoor play area
Anyone that can help would be really helpful and I appreciate it a lot
Whilst a contact order should be adhered to, if it is felt that a child is at risk, contact can be stopped and if the court find that there was a good reason for the order to be breached there will be no comeback for the parent that stopped the contact.
Have you made an application to court, or are you waiting to hear after the mothers application? If you are waiting to hear you can call the court and ask if they have received an application.
All children have accidents, my grandson jumped off a small boat at nursery and fractured his foot....their little bones are still soft.
How long ago did you receive the solicitors letter? Did you respond to it? It would be appropriate to write a reply stating that the incident was an accident at a soft play area and that the Doctor who treated your son was of the opinion that the initial injury happened prior to this, the timeframe the Doctor gave indicated that your son was not in your care at that time. State that small children do have accidents, which can happen even under strict supervision, that it would be no reason to disrupt contact and is not in your sons best interests to do so. Remind them that they are in breach of the order and that contact should be reinstated with immediate effect, as your son has missed Christmas with you and his wider paternal family and his routine has been disrupted which will be causing him distress.
Keep a copy of the letter if you decide to write back.
regrading the message i revived from my ex on new year saying that she had sent off her paper work to the court to freeze the order that i haven't had anything from them so due to this i have sent off the order form and now made payment..
she stated before Christmas that her solicitor would be in contact but again i haven't had anything from them ... so all this to me is BS a load of lies in my eyes because i would had revived something by now.
of course all children have accidents that children for you, but she shouldn't stop contact over this but again i'm in the dark and have no idea why !!
stopping contact by a judge is one thing but she cannot stop it herself or stat that her solicitor has frozen the contact
now a waiting game to hear back from the court on a date, i'm hoping they wont take this lightly from her !!
A resident parent doesn't need a judges permission if they think there is just cause to stop contact.... I'm afraid some mothers can and do stop contact when they have an excuse to do so, if they feel there is a risk, no action will be taken against them....it's such a grey area and it's highly likely that the court will be lienient with her, due to the fact that there was an accident they will just see it as an anxious mother, so don't expect anything to happen to her because of it. Just my opinion of course and I would love to be wrong on this one.