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Contempt application and not returning children

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(@Daddyup)
Prominent Member Registered

@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? 

ReplyQuote
Posted : 15/06/2021 12:45 pm
(@warwickshire1)
Prominent Member Registered

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

ReplyQuote
Posted : 15/06/2021 3:22 pm

top tips to support your child after breakup

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