I currently have a contact order to see my 5 year old daughter Fri til Sunday every other week.
One condition on the order, is that my 15 year old son cannot have any contact with my daughter. But at that hearing, I told the courts, I will not refrain from talking to my daughter about him, nor ignore my daughter's questions about him.
The mother of my daughter has claimed my son who was 9 when we let him enter into our relationship, and meet all the children, that she saw him leaning over our daughter while she was in her bouncy chair. She claims it looked like he was harming her or attempting to. The thing is, it took her 2 and half years to tell me this. And my son has refuted any of it, he was getting her dummy. As time went on, we split up... Got back together twice, but my ex couldn't handle me wanting contact with my son . even though she let him back I to the family situation each time we rekindled our relationship.
As it now stands, my ex has ceased the contact order for my daughter, even though the reasons for it are not stipulated on the order. Just because my daughter has mentioned my sons name, and I have now moved into another house, she has stated she doesn't know where I live, etc. And also she has said there will be a warrant out for my arrest for stalking and harassment etc. 2weeks ago, I went to see her to speak about our daughter's situation. 2since then, we have both spoke amicably during contact pick and drop, which was only 4 days ago. Now, she's stopping contact, using anything she can get her hands on. I've been to police station, 2 days after her warrant threat, and they didn't have anything on record. I'm going back to the police today, as if I get a hearing at court, I understand I can verbally ask for a variation on my order at the hearing?. I want to ask for the courts help, to get my kids together. But once I do, my ex will again make a promise to attack my son. She got off with assault to him, at my house 2 years ago . I've contacted a solicitor for help, but been told its costly. £250 just to meet to talk about it all.
Any help?
Have you tried to contact cafcas as if an arrangement order has already been into court they should have some information and may have had some involvement before.
It is hard when you have 2 children with different parents as you can get stuck in the middle but its both parents that have to agree. For you daughters sake i would give her the support as much as possible even if it means not meeting al talking about you son. Cos if you choose to refuse what she has requested you are in affect outting barriers up seeing you daugter. You need to find middle ground to keep both sides happy.
How does you son feel about the situation.
Hi There,
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I would return to court and ask that cafcas are involved, the court fees would be less than the meeting with the solicitor and you can represent yourself it does sound like you ex is trying to cause issues, but if cafcass are involved and are happy with everything then I can't see any issues in you having your children at the same time.
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GTTS
CAFCASS won't get involved once a case is closed. The advice I gave on your previous thread about this still stands....
Unfortunately, mediation must be attempted before an application to vary the existing order can be made. As the likelihood of your ex attending is much in doubt and because of the assault on your son, the mediator should agree to sign off the C100 form without mediation going ahead. I would give one a call and discuss it with them.
Once you have the form signed, you can apply to court to vary the order, as you will be specifying that your son isn't and never has been a danger to his sister the court should order reports to be done and your son should be a part of this.
There will be mediation costs, although legal aid is still available if you are on benefits or a low income. The cost of submitting the variation application to court is £215, but that is all that you would need to pay, if you're self representing. If you are on a low income you can also apply for a part or full exemption from this fee and you would need form EX160 to ask for this.
Make sure you mention on the application form that you would like an interim order for contact to resume immediately., whilst the court considers your request for a variation.
All the best