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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
If she has committed perjury, then it would be a criminal offence, and would be needed to be dealt with separately. The issue is that you could be diverting the courts attention away from what is the best solution for the children, and that could potentially sway the court that you are more interested in having your ex punished than concentrating on the children, which is the courts primary concern.
@actd and Daddyup
If someone commits a criminal offence, why is it that one should shy away from informing the courts in a proper means?
One should not be prejudiced for whistle blowing, it is a general principle within courts and professional bodies as a concept.
Furthermore, as you stated, the matters are separate points, the court will concentrate on children proceedings and then a separate application will concentrate on the offence.
Further, if it was a man who committed the offence, would the courts treat it differently? Under our Human rights we should be treated equally.
These are not white lies, mother phoned the police on me to try and get me in trouble with lie 1, lie 2 is something physical on my son's head.
PS. My ex is already hardened, she never once agreed to give me more contact outside of court, she fights in court to give me less contact, I currently get 6 hours every 2 weeks after 4 years.
@glad_dad I think you are focusing on matters of principle etc. Neither I or probably ACTD disagree with you, however, our responses will be based on our experiences which is that it is always best to focus on the practical side of things eg child contact which are also tangible rather than matters of principle which you may or may not have any success with..
One aspect I would disagree with you on is the element that both matters would be dealt with separately, the courts are more often now looking to look at things in the whole. It is also not about being prejudiced for whistle blowing, however the practical side of things is that mother could argue that contempt of court proceedings have stressed her to the point she cannot facilitate contact as she believes it has been done maliciously and therefore until the end of the proceedings restrict contact. This is the risk you run and I cannot imagine whilst proceedings are ongoing you have any success with an enforcement order application which will only run parallel and at the end of which if you lose you run the risk of reputational damage if the court finds she has not been in contempt and she would then argue to restrict contact further as she could say you are now engaging in post separation coercive, controlling behaviour which would be further matters for you to challenge and tackle. Even if you do prove your point re contempt the courts will probably just give her a slap on the wrist and in the meantime you would have lost the limited contact you already have. Therefore other than success on a matter of principle what will you have significantly achieved?
These are just my views.
In relation to child contact you say you only have 6 hours every 2 weeks after 4 years, what is the state of play re increasing this? Are you currently going through the courts? If you have findings against you, are you required to do Dapp?
Woman tell lies 100 x worse than what you are experiencing during family court disputes. They will not get into trouble for it in a family court and dont in criminal court either. Its a waste of time to disprove their claims and waste hours and hours of your time . Whats even worse is they then instantly ramp it up and seek revenge and go out of their way to make things even more difficult. Quickest way is to remain calm and dont raise allegations and dismiss anything thrown at u. often it leads to other side eventually slowly retreating and thinking twice before causing problems whilst contact creeps up slowly
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