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[Solved] Enforcement order & Half term Holidays

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Posts: 5387
(@dadmod2)
Illustrious Member
Joined: 6 years ago

Your order needs to be varied if your ex is messing you about. I learned that mother making child available after school or pick up from school at stated times leaves it open to be abused by ex.. order needs to say drop off at school and pick up from school with no times meaning you can turn up at school whenever you like within reason and not have an ex partner turn up 15 mins before you are meant to have child preventing access or ex partner making child available hour after school as she can claim well I done what court order says.

thanks thats very helpful. in my position statement i put father to collect kids from school, return to school in morning, or else drop kids to mothers address 08:30.

is there anything bad about this wording? i know my ex. if the 08:30 time is not mentioned, she will say drop at 09:00 to annoy me and make me late for work lol.

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Posts: 702
Registered
(@warwickshire1)
Prominent Member
Joined: 6 years ago

I would write instead of drop at mums 830 , or at any other time agreed between both parties if school is closed. then she cant make you drop them off at 830 or use it against you if something goes amiss.

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Posts: 5387
(@dadmod2)
Illustrious Member
Joined: 6 years ago

I would write instead of drop at mums 830 , or at any other time agreed between both parties if school is closed. then she cant make you drop them off at 830 or use it against you if something goes amiss.

hi. problem with: "or at any other time agreed between both parties if school is closed."

she will most certainly dictate the time, and it will be to inconvenience me, like drop at 09:00, because thats official school open time or whatever. during mid week visits, if i arrive back with kids 10-15 mins early, she refuses to let them into the flat and we stand outside freezing. i could mention this in court, but would probably fall on deaf ears.

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Posts: 702
Registered
(@warwickshire1)
Prominent Member
Joined: 6 years ago

When school is closed best to return them at around 5pm. If your 10 -15 mins late and she refuses entry to flat log it with police by ringing them and say you are going home with children and returning them early evening as she refused to answer door

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

Hello all, thank you for your words and comments they are really helpful.

I did go yesterday morning before a judge, and yes both the non mol and enforcement order were in fact dropped by the mother and the judge was all too happy to do so.

The reasons mother gave was that our son had spoke to her about he felt with all this and that deeply saddened her and she did not want to embroil in any further conflict which could have an adverse effect on him. I agree, however this is all because I believe she was afraid more than anything as she had opened a can of worms and could potentially have worked against her. I was relieved but more annoyed and I made it very clear to the judge who could see I was riled up but in a polite way. The judge explained to her that for her to be applying for an enforcement isn't for her to do and is for me if she was to ever stop making our son available to me. I said why would I breach an order that I sought to have put in place.

Unfortunately my concerns put forward to the judge were not taken into consideration and I was told that I should be able to try and communicate with mother and if I would like the order amended I should make another application but it would mean that our son would require a guardian in court. Therefore Judge advised to avoid this also and to come to sort of agreement. I cannot communicate with this woman, it does not work and its what she wants so she can play her games of cat and mouse and usually dictate.

I have realised that I have to take more responsibility in issuing my availability for contact particularly during the holiday periods, so I have to issue the contact dates way in advance before she does. I presume as with all fathers its a challenge particularly balancing work with half terms, easter and summer holidays. I made it clear to her and in front of judge that I will no longer be dictated to now, and that 2-3 day handovers are not going to work that we have shared holidays so we will split down the middle.

I am scratching my head at the minute to how that will work for the longer holidays such as Easter and Summer!

How do you guys currently balance these times what plans have you tried and work for you?

Thanks again all. Appreciated.

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