Contact stopped unreasonably

roadweary

Hi,

Thanks for the responses - I wish I could relax.

There is no solicitor on either side. I decided her case was non-existent for stopping contact and the solicitors I contacted had fixed charges for a child arrangments order that ran into the thousands.

Due to previous allegations I never see her, I collect my son and return him to friends of hers.

All communications are copied into my son's social worker. The social worker doesn't get involved.

It doesn't matter how reasonable I am, she will turn around and say that I have to have him. In the past I could counter with the "you are the parent with care", now I'm not so sure.

I will try one last time (after this weekend, if I had pushed the matter earlier she may have witheld contact again) on Sunday / Monday. I will apologise for the inconvenience and make clear that my motivation is to maintain regular contact with my son and to compensate her for the inconvenience. I will offer alternative times to have my son.

However, if she refuses, it's tough as things have changed, and as far as I know I will be breaching the child arrangements order - even if the court wouldn't be interested in penalising me for a single breach. It also potentially opens the door to her starting to breaching the contact arrangement.

The most annoying part about this is I raised it in court. If they had said that they understood I had a pre-notified change to the schedule but I was to stick to it thereafter, it would've sorted things.

But as it stands, my ex feels she is in the right and supported by the law.

I am completely stressed out

PS - in terms of tit for tat, I've spent the last year ignoring her insults and emotional blackmail....if anything it has made her worse.....she hasn't been able to see herself getting under my skin, so she used the last weapon available to her. Witholding access to my son.

roadweary

Guest101 wrote: »

My local magistrates court has this too, but I'd still submit to county court.


Then a judge actually knows the law.

I didn't know I had the option. I made the application in one town and was told the case could be heard in one of 3 towns and they would let me know which....

The child arrangement order has been agreed now.....I have no issue with how I have been told the order will be worded.

What I need to understand is what the law is in terms of me breaching the order by not picking my son up on a scheduled weekend, if my ex does not agree the change.

Do you know?

Thanks,
R

Guest101

roadweary wrote: »

She says she has a course to maintain her Pilates (or similar) qualification for teaching.

Previously I had understood the parent with care thing like you - but now from what the magistrate said, I'm bound by the child arrangements order to have him on my weekends.

I've since found out magistrates aren't legally qualified so he might have been wrong. There was a legal advisor but perhaps it's not the done thing to correct a magistrate?

I really need to know the reality here.

Cheers,
R

Ultimately nothing. This is civil law. Even if they somehow go down contempt of court it's likely a small fine.


Yes magistrates are just normal people, anyone can apply to be a magistrate. - hence my earlier points.

Guest101

roadweary wrote: »

I didn't know I had the option. I made the application in one town and was told the case could be heard in one of 3 towns and they would let me know which....

The child arrangement order has been agreed now.....I have no issue with how I have been told the order will be worded.

What I need to understand is what the law is in terms of me breaching the order by not picking my son up on a scheduled weekend, if my ex does not agree the change.

Do you know?

Thanks,
R

civil law- contempt of court at best.

Most courts won't even consider this situation. Courts are busy enough!

As for her breaching the order, the same applies, but 1 breach on your part when you have reasonably notified compared to many more on hers will look bad on her, not you.

Proper courts - find a county court - know this.

The application will always be heard at your local county court if you go via then. Unless this has changed in the last 2 months.

Solicitors shouldn't run into 1000's if she doesn't have 1. Have you considered a non-molestation order? If she continues to be abusive I would suggest it