Hello - I am just going to the mediators over my ex stopping me again seeing my children. I get them every weekend except when I either have 1) paid and booked for an outing or 2) she just decides not to. I am doing mediation then solicitor.
All I want to know is I am trying to achieve a public handover. Her house is isolated and she has previously accused me of fracturing her skull (she then got a caution for wasting police time) and of mental abuse. I went to the local salvation army on the day they have professionals giving free advice and was told me to keep the handover public. I have documents from the police legal services supported what I have written above - as she went to the police for both accusations and both led to nothing (thank god). If we end up in court - which if I am honest I want to - what is the likelihood that the judge will advise we must complete a public handover in the court order. She is currently saying she has no car, she does not work. She drives past my house every day - ironically she is caught on the CCTV she installed taking my children to school everyday in a car. We live fairly rural. I need to maintain my safe guarding for myself - as I never know what the next accusation will be.
Has anyone had similar experiences and what did the judge decide?
Hi, my partner went through the same thing, whenever I wasn't with him for the handover his ex would accuse him of assault etc. (My partner took his ex for an enforcement) but before the hearing my partner was served a non molestation order against him and had to attend court the very next day.
During that hearing my partner made the judge aware that he applied for the enforcement and mentioned handover difficulties, and suggested to use the local Tesco express due to opening hours especially on Sunday with plenty of people being witnesses and CCTV footage - the judge threw out the non molestation and accusations and agreed to change the handover location to Tesco express.
If it's better for the child and the child will not witness arguments etc and it will protect you from accusations I don't see why it should be an issue, just make sure the location is safe and hopefully you'll be able to change the location
Good luck
Hi There,
I agree with the above, We have seen many times where it has been ordered that pick ups and drop offs be in a public place, I guess if you are a bit rural you will need to find somewhere that suits, I can't see a judge not going with your request with the history you have.
GTTS
Agree with all of the above... courts will regularly order public handovers where there has been false allegations made, it protects both parties.
Not sure if it’s any use but my Husband was in court earlier this year and requested a public meeting place due to similar circumstances, the legal advisor told my husband an ex partner:
‘the court would expect both parents to share the burden of transport to and from contact’
So they were offered to decided between either a public meeting place (halfway point) or alternating pick up and drop off between them and if they couldn’t agree the court would make a decision for them!
Others experiences are always helpful, as long as we bear in mind that courts/judges decisions can vary widely from area to area. It really is down to the calibre of judge/magistrate sitting on the day. That’s what makes giving specific advice on outcomes so difficult.
On a positive note, the issues around travelling and handovers do seem to be getting fairer, just a few years ago I would have said there’s little chance of getting a court to order a fair sharing... so it’s always worth pushing for it.
All the best