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RJM Law, Lawyer
Category: Law
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Experience:  LL.B (Hons)
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I am in the middle of a contact court case with my 3 year

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Hi, I am in the middle of a contact court case with my 3 year old child's dad. Evidence shows he has been abusive and abandoned our son regularly but he has started contact after 2 years of nothing. He was awarded 1 hour fortnightly supervised by my parents. After 4 out of 5 sessions that he turned up to the court has upped it to 2hours. My child isn't ready fkr this increase as he was distressed after the last session. I suspect he felt his father thoughts. The location is basically on the dads front door but I need to make the 1½-2hour round trip and take my other 2 older children from a previous relationship to the location. I then need to fill that time outside somewhere and it is all an expense to me. It is difficult on my other 2 children and I have health problems plus my older 2 children's dad whom had his PR&R removed in court 8 years ago for our safety stays a street away from the location also. We moved for a 4th time for our safety. My request was to have the location changed to closer to our home and then it also means the dad can't attack me via solicitors for being around the vicinity (which he has been doing despite him not seeing me as I've not been present and not interfered, he just wants to control where I go). The journey is tough on my 3 year old and has messed up his eating routine.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: The sheriff disagreed to change the location in our interlocutor despite it only being valid for a couple of months which has included only 4hours of contact all in. I don't feel safe going there with my older 2 children. The burden on my kids is huge. There's so many problems with this. I want to know how to appeal the decision to change the location. I contacted the court and was told it has to be based on a point of law. My solicitor is of the opinion to just leave it as if I don't cooperate I'll be in trouble but he understands my situation and tried to help but the sheriff didn't understand the depths of the problems. The contact would still go ahead. Just in a safer location for all involved and would reduce the stress on our 3 year old.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Kilmarnock Scotland
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes, there are child welfare concerns about his behaviour towards our son. I'm in the process of gathering evidence for the police for a coercive control charge and hopeful of a conviction if I have enough evidence. I've also had to report behaviours to do with his addiction to porn and all females in apps and subscriptions and even photo collections of a 16 year old girls to an extent his compulsion to view materials as such was causing him to make up many aliases and lie and try to blame my child for it on his gadgets or tv. He also watched adult content ying next to our son. His attitude towards this behaviour is concerning said the police but not exactly criminal so I was urged to speak to SW which I did. But sheriff has decided on this order and is moving my son quickly but doesn't seem to care about this as well as the effects on my wider family trying to fascilitate this contact

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Thank you.

Thank you for the question.  I am sorry to hear about this matter.   Unfortunately, they are correct that in order to appeal a decision then it really has to be based on a point of law, you can also get an appeal if you feel the judge has failed to consider substantial evidence.  If you breach a court order, then you can be found in contempt of court.  However, there is a legal provision to say that you can breach a court order if it is directly in relation to the safeguarding of the children.  However prior to doing this, I would speak with your solicitor as they will know more about the case than I do, however if you feel the children (not you) are in danger then you can prohibit contact on the basis of safeguarding.   However as I said you will want to speak to your solicitor about this, if the you do stop any contact and the court feel that you have done so because of your previous complaints and not the actually safeguarding of the children, then yes, you could be punished for this.   Do also remember that if you are not satisfied with your solicitor, you have the right to instruct a new representative.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows; (England) (Scotland) (Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

Customer: replied 17 days ago.
Many thanks. The main issue is safeguarding. Relating to my older 2s dad I had to take my kids into refuge because if I couldn't keep them safe they were going to be removed from my care. I've moved home again in March as their dad found us in another town. This contact has to take place next to him. His level of violence and abuse was such that he was never even awarded supervised contact. He was in prison for a serious death threat towards us. The threat is not made up and I feel the sheriff isn't taking this part of contact into the equation. My 3 yr olds dad requested that area as it is on his own door step and he knows my other 2s dad is nearby.
I will speak to my solicitor tomorrow regarding the safe guarding of my kids.
Thank you for your advice and information. I've got the link also.
Kind regards

I sincerely ***** ***** all the best moving forward.

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