Contempt application and not returning children
I have two questions, both kind of connected, I currently see my children once every two weeks for 6 hours until the outcome of a final hearing.
Mother has clearly lied in court, I have clear medical evidence about the children's health, being that my son went hospital and she lied he didn't and other medical stuff. With that in mind I want to do the following:
1) Make a contempt of court application, which application form do I use? What is the process...
2) Here is the complicated one, mother has refused full access to the medical records, I am concerned of the children's health on that basis, she has refused to answer the questions of there health to me. I therefore will not return the children this or next weekend, my question is, am I bound by the court order OR is it a civil matter?
I am not sure on the first point, but you are allowed access to your child medical records if you have PR. My ex tried to do the same, the receptionist was at first happy to help me but must have seen a note that the mother does not want me to have access (because she lied to court that our children have serious medical conditions so i cannot look after them, although they had none at all when we were together) write a letter to the practice manager asking for a reason why, if they say it is because mother said no, this is not a valid reason and you can raise a complaint to the ICO. This is the method I took, within half an hour of dropping of the letter i got a phone call saying the records will be available in a couple of days for me to pick them up. do not take no for an answer, you are entitled to them.
What is your basis of contempt of court?
With regards to the second point, under no circumstances should you not return your children this weekend unless there is an immediate danger to your children - if you do that, you'll almost certainly find the police on your doorstep, and the potential of a child abduction charge. You need to stick to the court order otherwise it will all count against you when you are next in court.
I'd agree with actd on this. Unless you have strong safeguarding concerns about the mother then return the kids. In addition to the police paying you a visit and various charges, even if the police say its a civil matter, your ex can take the matter back to court, if it is found that you did not have sufficient grounds to not return the kids then your ex may argue to restrict future contact saying that in fact you are now a safeguarding concern due to the harm and distress that you caused the kids by not returning them as agreed. Depending on the children's ages if your ex decides to get professional medical support for the kids to help them cope and overcome the harm/distress that you caused them then she could argue that contact needs to be built back up until the kids have recovered from the traumatic experience.
It's a very risky route to take and so give plenty of consideration before you do it.
In relation to filing for contempt you have to be absolutely certain with evidence and that it is a road you want to go down. It is also the sort of thing that can Harden the ex against you who even if it is proven may get a slap on the wrist with a fine or token financial penalty if they are unemployed but who may then determine to frustrate your contact with the kids forever using the grey areas of the law. I believe the form required is N600 and there is plenty of guidance online about this and the process.
All the best.
unfortunately false allegations, lies are rampant in the family courts, and I don't think your application will be taken seriously. as your case is ongoing, have Cafcass been involved, and have they done a welfare report?
There is no contempt of court and also it would be foolish not to return child/children this weekend. Unfortunately ex partners lying and with holding medical records is very common and courts wont do anything other than tell her off at the most. You have a final hearing coming up where contact should be increased. If you dont hand child/children back this weekend you could jeopardise everything at final hearing