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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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police issued a harassment warning to father when father waited

Customer Question

police issued a harassment warning to father when father waited in car for daughter to run inside and pick up lipgloss she had forgotten for weekend with father. Mother only permits telephone contact via her mobile phone. Court order says that she must "make children available" but does not specify which number to be used. Court says children too young to have mobile phones of their own. Police told father he is under no circumstances to use mother's mobile number. Father explained about Court order and 3 days a week telephone contact. They said they trump family court and if mother's number is XXXXX then father will be arrested and harassment order will be issued. Family Court judge said a court order made in family court cannot be interfered with by police. Father unsure what to do. Is police or Judge correct pl?ease
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Why did he need to contact the mother this time?
Customer: replied 2 years ago.

For telephone contact with children 3 times per week, as per court order. No number is XXXXX but mother only permits her phone number as she thinks and certain judges think that children are too young for mobile phones even though father has bought them for them. Then mother has used the excuse of harrassment as she did not want telephone contact to be allowed, however court said no reason why not and ordered her to "make children available"

 

Expert:  Jo C. replied 2 years ago.
What does that have to do with him waiting outside the house?
Customer: replied 2 years ago.

That is the point. Mother claimed by waiting outside her house whilst daughter ran in to collect her lipgloss he was harassing her. Police said that they have to respond to this kind of allegation even if it sounds absurd and issue harassment warning and if he made any attempt to contact her even by mobile phone, which due to mother is only means of communication with children as ordered by court, they would then arrest him and he would receive a harassment order. Mother has even phoned the police to say children have been abducted by father when he took them to visit his mother on one of his weekends! She does everything she can to disrupt and unfortunately same old story judge loves mum and hates dad. That is why I asked my riginal question, who trumps who please; police or judge who made court order? Complaint has already been issued about this judge and father thinks judge should have recused himself at recent hearing

Expert:  Jo C. replied 2 years ago.
Well, it is absurd and she is using the police to mediate her relationship issues and obstruct contact. Quite normal unfortunately which was the point that the police were making.

She is a vexatious accuser. You will find a very informative article upon women like her here

http://www.1itl.com/news/270/

There is not much genuine abuse in the UK. Its mostly nonsense like this.

The order of the family court is entirely different to this situation. The police are not interfering with that. They have just issued him with a harassment warning that further contact will be harassment.

I have to say that I am surprised they have taken this action. It might be that they haven't seen the family court order and it might well be that she has mislead them about it.

However, if he makes further contact then he could be arrested for harassment. if the facts are as he says then I do not think that he would be charged for the offence but he could be arrested.

You cannot appeal a harassment warning. Its no more than a police warning that further contact wil be considered harasssment.

Harassment just means that a person adopts a course of conduct that the reasonable person would consider harassment and, if all he is doing is complying with the court order, then the reasonable person would not take that view.

He can always send a copy of the order to the police and ask them to reconsider.

He could also consider suing her in civil harassment if she keeps making false or vexatious allegations about him.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Is judge correct though when he says that police cannot interfere with Court Order? Police say they can as harassment is criminal and over rides family court order?


Sian

Expert:  Jo C. replied 2 years ago.
Yes, he is but that isn't what they have done.

They are not setting aside the family order. They are just issuing a harassment warning. Its a stand alone alone warning.

The fact of the family order will not mean that the harassment warning is void though except from an evidential point of view - if his actions are complaint with the order that he has then they will not find a court in Christendom that will say that is harassment
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
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Expert:  Jo C. replied 2 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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