Contact orders contain a warning that if the resident parents starts to deny contact, that the parent denying contact is likely to end up with a community service order. He can always apply to court either for the child arrangement order in that respect, if there is not one already or, for an order to enforce the existing order. He shouldn’t be worried about going to the police although the threat from a solicitor is probably going to be seen as not quite so confrontational.
If she will not give consent for a divorce after 2 years separation, he can always divorce her for unreasonable behaviour. It is not at all difficult to find enough unreasonable behaviour to get divorced. As part of the divorce proceedings, he can actually ask the court to grant an injunction to prevent her discussing this with the children if he feels that it would alienate the children towards him and that knowing what is going on in minute detail, is not going to be in the children’s best interest. The reality however is that even if that order was granted, there is actually no way of enforcing it. Hence, the court will not normally get involved with orders like.
I’m afraid that child contact is not deemed to be an emergency issue as child welfare is.
If he agrees that the house is not to be sold until some stage in the future when the youngest child is 18, they can agree what they like between them provided the mother is able to pay the mortgage and the bills of the house in the interim.
She might say that she doesn’t want the children to stay in his flat but she is not in control of that.
Because of the irrational behaviour the potential effect on the children and their welfare, he might want to consider applying for residence for the children to live with him. It’s going to need evidence of her violent nature and the kind of nasty texts that she sends to the children. I think there is a slim chance that he would get residents but he could hold that over her as a threat if she is continues to act in the way that she is or make contact difficult.
Can I clarify anything for you? Please rate the service positive so that I get paid. We can still exchange emails. Best wishes. FES.