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[Solved] Ex's games and building case

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(@Justbeingdad)
Trusted Member Registered

Hi citydad

No I didn't go for mediation before enforcement. I don't think you need to. Mines a interim order which I was asking to be enforced, not sure if that makes a difference

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Topic starter Posted : 01/01/2020 2:04 pm
(@Justbeingdad)
Trusted Member Registered

Surprise surprise. This morning she messaged me to say our child was slightly better and would be looking forward to seeing me but wanted to change time. I had a feeling the message was a bluff and a game. And I ignored her message as she constantly wants to change times and I had already told her I would be at ordered place at ordered time

2 hours before contact ex sends me a message saying child temperature rocketed up and he wants to sleep and doesn't want to go out and cancelled session. Our child is 1.5, since when did a 1.5 year old child able to communicate they don't want to go out.

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Topic starter Posted : 01/01/2020 5:56 pm
(@citydad)
Reputable Member Registered

Thanks . My ex is slowly slowly playing looser with the order already it’s only been in force a month or so

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Posted : 01/01/2020 9:03 pm
(@Justbeingdad)
Trusted Member Registered

They claim illness and judge in my case took it at face value and ignored the evidence that was there to support it was lies

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Topic starter Posted : 01/01/2020 9:25 pm
(@dadmod2)
Illustrious Member

hi,

what is the travel time to go pick up your child? hopefully your child will be better the next time round.

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Posted : 01/01/2020 9:59 pm
(@Justbeingdad)
Trusted Member Registered

1 hour if no traffic. Nearly 2 hours on public transport. Contact to increase to 4 hours from next contact.

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Topic starter Posted : 02/01/2020 12:19 am
(@warwickshire1)
Prominent Member Registered

You don't have to constantly ask how child is just because she is ill. infact you are meant to be having your child twice a week as per interim order. You can see how she is then, she is actually breaching especially if done more than once preventing you seeing your child.

You should say I am our childrens father and I should be still seeing her as I am no less capable of looking after our child than yourself.
I can understand me missing one contact session , but surely contact could be made up so our child can see their dad. hope he/she gets better soon etc

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Posted : 03/01/2020 12:31 am
(@warwickshire1)
Prominent Member Registered

I read some more of your posts. The judge at the latest hearing is just agreeing its mis communication to attempt to keep the interim contact going.
If your ex stops you completely its very common to have to wait until your next hearing before you next get contact. The judge seems on your side and he also has to act on err of caution as your child is so young. I am sure he has already picked up on how awkward your ex is and her stopping contact otherwise you wouldn't have been granted any in the meantime. I assume February hearing she will have to produce evidence etc why you cant see your child. my guess is there is unlikely to be any whatsoever and you will just have your contact built up in phased stages. I have been through all this rigmarole before a few times

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Posted : 03/01/2020 12:37 am
(@dadmod2)
Illustrious Member

found this stuff on mumsnet:

To be honest it really depends on the actual circumstance.

As someone has said here the amicable and sensible thing is the level of illness. If vomitting etc then re-arrange the contact.

I've had some parents threaten their ex with calling the Police if they didn't return them inside the hour. I've also had cases where children wanted to stay with the "NRP" when they were ill until they were over it and the RP was fine with it.

If you have an amicable agreement go ahead. A child equally cannot come to the understanding that only "X" parent is capable of looking after me when i'm ill.

The main issue usually comes to a head with those who have used courts to have an order. Illness relating to a child is (and i'm sure the barristers) and any others who work in an advisory capacity like me will tell you, this is the number one reason why children will not attend a Court appointed Contact Session.

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As far as I understand it, if there's a court order, you can't break it because they are ill and you are supposed to wrap them up and send them off, so that the child comes to understand that the resident parent is not the only one capable of giving care if they are ill.

This is the advice I have been given by several solicitors and a barrister, so I sent my dd, now 5.5, repeatedly. I did put my foot down once she'd been hospitalised and immediately after she came out of hospital and I found myself back in court as a result.

The welfare of the child is at the centre of all decisions made by the family court

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Posted : 03/01/2020 12:52 am
(@warwickshire1)
Prominent Member Registered

Its amazing when you going through family court process your child is ill during proceedings when interim contact order is in place or they been sick night before your contact. In most cases child has been at school same day as well and when you aren't in court you find when things running ok u actually get your children when they are ill and get to help look after them and care for them same as mum is able to.

when a child is very young between 0 and 4 it can be more common for them not to want to come for contact as some at that age just want their mummy.. You can normally be able to pick up on that yourself though and mum would genuinely offer you another day and not be hostile

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Posted : 03/01/2020 1:06 am
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