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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My partner has a shared care order two children. s

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My partner has a shared care order for his two children. His ex-partner is now harassing him (turned up drunk at the house and has sent over 160 messages (many abusive) despite being requested not to contact him). The harassment was reported to the Police over 3 weeks ago and they were given a copy of the court order. He was told it was very clear cut harassment and a warning (PIN) would be issued to his ex. He has now been informed that they cannot issue a warning or prosecute for harassment as he has shared care, so his ex-partner can just continue to send a multitude of abusive messages at all times of the day and night. He could change his number but this would also mean his son could no longer contact him directly. Is it true that the Police can take no action on a charge of harassment because he has shared care of his children. Majority of pickups and drop offs are done through school because of mother's open hostility and all relevant authorities have contact details for my partner.

Hi, thank you for your question.

Please confirm if they are in England or Wales?

Customer: replied 1 year ago.
They are in England

Thanks for confirming. Firstly, no it is not true that the police cannot deal with the harassment issue due to the order in place. If harassment is taking place the police must assess whether it has taken place and if there are grounds to arrest and charge him. Furthermore, if the police do not assist and he continues to harass her, she can apply to court for a non-molestation order to prevent him turning up to the property outside of agreed contact times, or contacting her by text or telephone except for arrangements for contact. This can be done using Form FL401 to her local family court and if the order is made, and he subsequently breaches it then this will be a criminal offence and he can be arrested for it.

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