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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 5247
Experience:  LLB (Hons)
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Family law matter… My partner has been having many problems

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Family law matter…
My partner has been having many problems with her ex. She’s stopped child contact a few times. He’s been in court telling a lot of lies, the judges very much don’t help protect my girlfriend even though there’s a non molestation order in place. They still like to place blame on her for stopping child contact, we know he takes them out while he gets drunk etc.
This weekend he was supposed to have supervised contact with the children at his mother and fathers houses. The grandparents were supposed to supervise. A court order was made for this and our barrister confirmed with him over the telephone that he understood and accepted the court order.
However, he has still taken the children out unsupervised, on several occasions over the weekend. He is likely to claim he didn’t understand the court order. Even though he argued his case with the barrister on the phone and the barrister made it clear to him on the phone. The young boy also said he slept in bed with him, until 4AM! He’s an 8 year old boy, this is really weird. Apparently he had no bedroom. But the father could’ve slept on the sofa. We believe he would’ve been drinking.Question is, what next? Stop contact again but Risk getting in to trouble? Email the court and suggest contact should stop along with the details? Will he actually get in to any trouble?Thanks for any assistance

Hello, how are you today?

My name is ***** ***** I am going to assist with your query. Let me just read your post. Things may be a bit slower today as it is a weekend, but please be assured I will get back to you with a response as soon as I can.

Can I see a copy of the order please?

Customer: replied 14 days ago.
Customer: replied 14 days ago.
This is the contact piece

I'd like the whole order please. You can redact the names.

Customer: replied 14 days ago.
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Final page
Customer: replied 14 days ago.
Thank you
Customer: replied 13 days ago.
There had previously been alternate Saturday contact for 5 hours, supervised. They were allowing him more wiggle room as they thought overnight supervised contact was fine. However he just decided to go about his business as usual and take them out the house unsupervised several times. We have evidence. He also slept in bed with the 8 year old boy.

Thank you for the order.

Your partner is already in court due to an application for enforcement, and the order is literally a couple of days old, so the fact that the father has breached it already is concerning.

I think the mother needs to make an urgent application to court tomorrow asking the court to order supervised contact in a centre, as the grandparents have allowed the father to take the children out of the house, despite the order clearly stating it will be a) supervised and b) inside the grandparents' house. She should ask for an urgent hearing, before the next contact is due to take place - I would expect the court to list it within a few days. The fact that immediately following the hearing, he breached the order, does not bode well.

Mother can apply to vary the order on form C100, cost is £232. The only risk really is that the court is going to list the matter with the other cases already before it, and not hear it before January. In which case the mother will have to decide on her own whether to breach the order herself and stop contact.

I'd suggest her first port of call before making an application to court is to speak to the grandparents and ask them why they have allowed him to take the children out of the house unsupervised, and perhaps ask them to confirm in writing that they will not do this at the next visit. If they deny it, and refuse to not do it again, then make the application to court.

And the answer to 'will he get into trouble?' I am sorry to say is 'very unlikely'. The worst that is likely to happen is that the court orders supervised contact in a contact centre, unless one of his family members gives an undertaking to not leave the kids unsueprvised with him (the court cannot order the family to do this without their consent).

Customer: replied 13 days ago.
Thank you for your detailed response. This is very good. Unfortunately the grandparents have been very manipulative and harassing so they are very difficult. We’ll ask our solicitor to ask them why they allowed this and provide written confirmation they will not do it again. I think the urgent application to court asking for contact in a centre and an urgent hearing before next contact due as well, hopefully the court will not fully ignore the breach. I do wish they would do something to keep him from breaking the rules and accept them

The mother should apply to court if she cannot get the grandparents to agree to stick to the order. I hope her solicitor can persuade the grandparents that allowing the father to breach the order is doing him no favours as the court will just make an order for supervision in a centre.

But as for doing anything to him...don't hold your breath. The court will want to allow contact.

SASH_Law and other Family Law Specialists are ready to help you
Customer: replied 13 days ago.
Sure, that makes sense. I can see that he gets away with everything.
Customer: replied 13 days ago.
Thanks for your help

Until he does something dangerous...yes. Sorry, but that is the reality of the family courts. They make the decisions and usually one poor parent has to deal with the fallout if the other parent is a twit.

You're very welcome.

Thank you so much for using JA and allowing me to answer your query for you. If you have further questions about my responses above, please do feel free to ask them in this thread.

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All the best!