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[Solved] What can be done about this guys ?

 
 Yoda
(@yoda)
Famed Member

I know you're in Scotland so it might be slightly different. In England, a judge can order unpaid work, a fine, prison, suspended change of residency....... they can also order a S37 report to explore if the children are being harmed emotionally by the situation.

Nobody can predict what an individual judge will do, but you've got your lawyer and your reports, you will just have to wait until the hearing. Your lawyer should know your local courts and have some experience in this area.

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Topic starter Posted : 29/04/2018 2:10 pm
 Mojo
(@Mojo)
Illustrious Member Registered

I think you're doing all you can to be honest, you seem to have the judge on side, he has seen her for what she is.

I'm not sure how the legal process works in Scotland, but your solicitor could perhaps suggest that a transferral of residence might be worth looking at, with assurances that unlike the mother, you would encourage and facilitate regular quality contact between mother and children. Or perhaps have that as suspended in the order, to be enacted if she breaches again for no good reason.

It might be that there needs to be psychological assessments, as the children have been alienated. In England the children can be given a Guardian and their own solicitor, which can be helpful.

Perhaps you can discuss all the options with your solicitor, they seem to be pro active, I do wish they would use the contempt laws already available much more in this country, to counteract the false allegations.

All the best

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Posted : 29/04/2018 2:19 pm

 Mojo
(@Mojo)
Illustrious Member Registered

An S37 report is ordered where welfare concerns surface during court proceedings and the court want to explore if it might be appropriate for a Care Or Supervision Order to be made, or perhaps it might be that recommendations can be in the form of extra support or a Family Assistance Order.... but again, it mightbeslightly different in Scotland

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Posted : 29/04/2018 2:28 pm
(@dad-i-d)
Noble Member Registered

If your solicitor is going to be pushing for her to be found in contempt of court then i'd expect he be asking for penalties be added to the order and applied should she break it again, so that she is left in no doubt what is likely to happen to her....."put fear of god in to her"... maybe not but it may just give her a kick in the backside and get her to realise that it's the kids right to have a life with both parents not just her and that the courts are willing to do something about it.

It sounds like your solicitor and the judge have her worked out, fingers crossed the judge does put something in place for you and your girls quickly to protect what you have.

Good luck this week fella

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Posted : 30/04/2018 5:13 pm

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(@dad-i-d)
Noble Member Registered

That sounds more like "Parental Alienation" .... however, try proving it!

you cannot make your ex comply with a court order... and not knowing how the system works in Scotland i'd not be able to say what the judges could and will do.
unfortunately down here they tend to keep giving these alienating ex's chance after chance to do the right thing for the kids...but while they keep giving them chances and not punishing then nothing will change.... why do you think Fathers4Justice started up!

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Posted : 01/05/2018 5:38 pm

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