Not following a contact order

RainbowDreamer

Can anything be done other than going back to court?
Is it take lightly when a contact order is not followed?

Just wanted experiences / advice. Thanks.

Emmzi

do you mean that the NRP is choosing not to see the kids? Or something else?

RainbowDreamer

The childrens father has temporary residence until the next court hearing.
We have the children half the week each. It is in the form of a contact order.
He is refusing to return the children on the stated day / time (again).
Last time he kept the kids away for 3 weeks and I had to take him back to court.

amyloofoo

RainbowDreamer wrote: »

The childrens father has temporary residence until the next court hearing.
We have the children half the week each. It is in the form of a contact order.
He is refusing to return the children on the stated day / time (again).
Last time he kept the kids away for 3 weeks and I had to take him back to court.

The court would definitely not be happy about this situation. Do you have access to good legal advice? They should be able to help you with what to do. My father's ex wife continually did this with my sisters and eventually she was only permitted to see them when supervised as it's a form of abduction. Unfortunately it's likely that if this continues and supervised access becomes necessary then social services will also become involved. Is your ex aware of the damaging effect this will be having on your children? Is he just doing it for petty revenge or is there an underlying reason for him failing to return the children to your care?

MummyOfTwo

in all likelihood this may need to become an order supervised by childrens services.

RainbowDreamer

He is doing to get back at me. A form of emotional abuse, by using the children.
He has made accussations against my current boyfriend and has drummed into my 3 year old what to say. I feel this will be another one of those situations.
He knows if the children are with him for a week or two then he can effect what the 3 year old repeats.
SS have been involved within the last month due to him being arrested with the children in the car. They have just closed their case as no further incidents occured.
He threatened to not return the children last week. I spoke to ss who have no concerns with either parent. And advised him to stick to the contact order which he did. But this week he has told me he will not be allowing me contact and that I will hear from his solicitor in 2 weeks (due to him being away on holiday).

I do have a good solicitor so will be informing him on Monday.

And no he does not realise the impact on the children. My 3 year old crys now when I take him to nursery and clings onto my legs asking me not to leave him. This started after his father kept the children from me for 3 weeks. So it is definetly effecting them.

thorsoak

Rainbow Dreamer - this is a hard question for you, I know - but what is more important to you right now - your children or your current boyfriend?

Could you put your relationship on hold whilst you establish strong custodial rights to the children again? Would your relationship be strong enough to withstand this?

You are entitled to a life of your own - your ex OH is exercising his rights - but it may help the courts to establish just which parent puts the interests of the children first.

RainbowDreamer

thorsoak the relationship is on hold. We have decided not to see each other until things are sorted for the best with the children. As putting it on hold will safe guard us all from further accussations.. or so I thought?

He has made his current accussations to ss this week, and ss were not concerned. But he is still using this to refuse contact.

I have done all I can do protect the children. but I am failing at the moment.

thorsoak

:mad::mad: I posted a reponse ...and it obviously disappeared into the ether!!!

RD - I think that your actions in putting your relationship on hold will be beneficial in any additional court proceedings ...your OH is not showing the same restraint in acting in the best interests of your children and this will be noted in court.

I strongly believe that if your current BF is meant to be your partner - then things will work out right for you both - and I wish you well!

amyloofoo

RainbowDreamer wrote: »

thorsoak the relationship is on hold. We have decided not to see each other until things are sorted for the best with the children. As putting it on hold will safe guard us all from further accussations.. or so I thought?

He has made his current accussations to ss this week, and ss were not concerned. But he is still using this to refuse contact.

I have done all I can do protect the children. but I am failing at the moment.

How serious were the allegations? Did the police have to get involved? If they did then you may be able to press charges for false allegations / wasting police time, etc. I'm sure the court wouldn't look too favourably on someone who's being investigated for making completely untrue allegations.

RainbowDreamer

Yes police are involved. Its a long process as they are back logged. but i have no doubt that the case will be dropped. You can't charge someone for something they didn't do. Though I understand they have a duty of care to investigate.

Once the case is closed I will be seeking advice on how to prevent further false accussations.

And you are right about the relationship. If its meant to be it will work out sometime in the future.