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Mother refusing contact if my family pickup child

 
(@cofeeman)
Trusted Member Registered

Already have a court order with contact times set out. 

I informed the mother that my parents would be collecting our child this week instead of myself. She's refusing to handover our child unless I do the handover myself. 

Is there anything I can do about this? It's not going to be a regular occurrence but it's really annoyed me that the ex thinks she can dictate that my parents can't pickup. Her parents regularly complete handovers, no issue whatsoever. 

 

Quote
Topic starter Posted : 12/12/2021 12:13 am
(@bill337)
Illustrious Member

hi,

It's my experience that they often choose these holiday periods for causing trouble, or attempts to spend more time with the kids by taking time away from you. I would suggest to avoid any problems, to pick up kids yourself. Then later on you can think if you need to try mediation or return to court to sort this issue out. It's a 3-4 month wait for a court hearing.

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Posted : 12/12/2021 11:30 am

how contact centres work

(@mr-pink)
Active Member Registered

(@cofeeman)

The court will not be impressed with your ex if she is being deliberately obstructive and not allowing your extended family (when they are needed) to collect your children, especially if you are referring to the children's own grandparents. Clearly there will be unavoidable times when you may not be available such as running late at work or caught in traffic.  It would be impractical for you to be the only sole person to collect the children under these circumstances.  Having extended family highlights greater support for your children when in your care. 

I doubt very much that the court order (legally binding) specifies that you are the only person who can collect the children. The court considers the children's relationships with extended family members as an important part of their development.

If the court order states that the children are to be in your care at a particular date and time then as a responsible parent WITH parental responsibility you are quite within your rights to request that someone of whom you can trust collect the children on your behalf.  The children are no longer in mothers care at the said time ordered by the court but yours.  

If mother is refusing the collection that you have arranged then she will be in contempt of court by not following the courts instructions and would need to provide a very reasonable excuse to why she has not allowed the collection you have arranged on your behalf. 

Providing you have provided reasonable notice in advance to the arrangements you have made how can she dictate?  Record every time she is being obstructive.

You could as you can with a school list a number of people with contact numbers of whom you trust to collect the children if required.  Most schools would likely want an introduction to know who they are looking out for at school pickup but other than that it is normal.   The courts would expect your ex to be cooperative and not cause upset to the children.

 

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Posted : 29/12/2021 2:16 am

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