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Contact Stopped, Social and Police involved

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Posts: 654
(@dadmod3)
Honorable Member
Joined: 4 years ago

I don't feel that it would be wise to collect your son on Monday unless thats in the order.  I think you need to be squeaky clean and keep to the order.  You can go to the school to pick up your son on the day stated in the order and, if she has removed him, keep notes to back your claim for enforcement of the order.

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Posts: 96
Registered
Topic starter
(@sid4u)
Estimable Member
Joined: 12 years ago

Yes i agree i think i believe you are right it makes sense. Thank you. It would be my turn this weekend to collect on Friday. She collected him early the week prior on my contact at around 14.45. I was never given any reason by her or the DSL why she removed him early other than she called main office and we normally do not advocate leaving early but seeing its Friday and class is on wind down and second class has already been taught we felt it was ok for him to leave early with mom. They never explained the reason given which i felt i should have been informed of. Thinking back given what happend i dont think she informed them i was coming to collect from school.

Either way its done now. Im considering attending on Friday but also attending early at 14.30 on Friday to ensure i can collect him. I will take my order with me too which school have. Is it worth informing the school that i will be attending? I also want to avoid meeting ex wife due to conflict or possible cause of a scene or drama at normal school time if she still expects to take him..she may even turn up early because its my turn on weekend

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Posts: 5384
(@dadmod2)
Illustrious Member
Joined: 6 years ago

hi,

I would suggest to not turn up to school on the day the child spends time with mother and take him away. then it would look like it is you that's breaching the order. Also with the forms, you would only have to do the C79 for enforcement. no mediation is required. Yes I think the next time the child is due to spend time with you, maybe a good idea to go to school early and take your order with you, incase your ex tries to take him earlier. I don't think you should tell the school in advance. they may not be neutral.

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Posts: 96
Registered
Topic starter
(@sid4u)
Estimable Member
Joined: 12 years ago

Hi i have today managed to submit to the court online my C79 form the court said they are working to a 10day waiting time even though i have marked for Urgent.

I since asked the court to advise on which forms to complete if i wanted to go back to court to vary and amend the exisiting order to ensure it is clearly defined and minimises encounters with my ex wife, due to her constantly accusing me of abuse. The current arrangement doesnt work and is a little outdated as it discusses when my son was in nursery and when he becomes of school age. it currently offer me half holidays, fathers day, take overseas and every other weekned and nothing mid week. Im conscious of going for full residency or shared care at least because she eventually lets me have him more than the stated contact hours- she conveniently denies this to the CMS.

 

Question i have is the court advised completing a C2 form to vary the exisiting order, i have never come across this before while i assumed it would be a C100 given what i am going through currently. Does anyone have any experience and advise on this??

 

Also stated that i complete a FL 401 form for a non mol, anyone have experience of this ?

Chased Social spoke with case handler she advised she has not heard anything back from police and will be directing another email to the sergant and is also waiting conversations with my sons mother which she has not managed to do. I have not managed to speak with PO that is investigating even after leaving countless messages, its ridiculous.

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Posts: 5384
(@dadmod2)
Illustrious Member
Joined: 6 years ago

hi,

I would suggest not to spend any more money on additional forms. What you could do is at the enforcement hearing, ask can your order be varied and give reasons why you think it should be varied. more info on enforcement hearing: https://fnf.org.uk/info/family-court/enforcement-of-orders

As for the non-molestation order form, I am not very familiar with it. but there is lot of useful advice about it here: https://www.advicenow.org.uk/statement-injunction

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