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Hi
first post, be gentle....
I suppose I am in a similar situatuion to many of you so the back story won't need much filling in
- Ex causing constant issues and problems
- Low level aggression from her
- Bullying via a solicitor
- Concept that only she has a right to decide whats right for our 5 year old son
Sound familiar?
I have residence order in place which I am told I must adhere to, but she treats as something she can pick and choose from. She is breaching it on a daily basis (telephone calls being missed, delayed or otherwise interferred with).
Her solicitor, who I would have expected to advise her in her berst interests, is a 12 year old single girl who looks like she has dropped the barbies to take up law (exageration to make a point). As an example she tried to persuade a judge that it was acceptable for a 4 year old to travel in the front seat of a car, or that when a child is secured in his car seat, and theres child proof locks on the door, the father can't get out the car to open the door for him.....
I want to bounce her back into court for each breach until she kind of gets the message that she just can't get away with it. So can you advise please
a) What forms do I use to report a breach?
b) Is there any protocol to the use of the forms?
Any advice would be appreciated
Hi Tsprog,
Just to confirm, you have a residence order in place meaning that your child lives with you?
FM '70
Theres a residence order which splits the time about 60/40 in her favour, as part of this she has to make him available for calls when he is not with me (and the same obligation is on me when I have him). The time for the call is stated in the order. So far this week she has turned his phone off so that I cannot call at the allotted time, usually turning it on about 30 minutes or so later than "the time".
It's just one of the many petty mechanisms used to exert control................and reduce contact and influence. My hope is to get it into court and get an undertaking placed on her that stops the pettyness.
Has the mother reduced or blocked contact?
I understand that missing agreed telephone contact can be frustrating, but I'm not sure a court is going to look at that as a priority for enforcement.
They would probably prefer you to have at least tried mediation (again), which the mother may well refuse and leave you with no other option than to apply for an enforcement order. A court would notice that you had attempted to resolve the issue amicably and it would ultimately strengthen your case.
I would write a polite letter to the solictor asking her to provide the mother with a gentle reminder of the terms of the residence order and to ensure that telephone contact continues unimpeded. Suggest that if the mother has any further issues that need to be resolved you'd be happy to discuss them with her directly or through mediation, and make a point of stating that both of these options are far more preferable to you than having to involve the court any further.
If you don't have a favourable response, then apply to the court for an enforcement order. Always, always, always do everything in your power to be reasonable. Court action should always be a last resort and the court themselves will have expect you to have exhausted all other avenues...
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