Contempt of court - domestic violence

[myrtpony]

I would be very grateful for any advise.

After a lengthy court case my daughters father was issued with a no contact order as he is violent ? he has been violent to me and by proxy harmed my daughter.

He attended two domestic violence courses and was re categorised from a high to a medium risk and allowed supervised access to my daughter (who was at the time 3 years old)

The access has moved over a period of time from supervised to unsupervised in the local community.

I have at all times worked hard to facilitate the relationship between her and her father, over the last few months her behaviour has changed and she has become extremely distressed at seeing him.

If she knows she is due to spend any time with him she becomes hysterical and does not want to get in the car etc...

Against my better judgement I preserved, put my emotions to one side and carried on with the access thinking it was in her best interest.

On a day out to a local play group a stranger (who I have never met before) approached me and told me about some incidents that they had witnessed when she was in the care of her father. They were very upset and also relieved that they had seen me (they recognised my daughter) and wanted to tell me.

The incidents where serious enough to be reported to the Police and have been passed by the Police to Child Protection Services.

I have now stopped contact and will not, whilst there is a breath left in my body, allow any type of access again (supervised or unsupervised)

By doing this I am now in contempt of a court order which is punishable by imprisonment / fine / community service.

My daughters? father has emailed and advised that he will be filling at the local court for access.

My questions are

1. Am I in contempt of court? Does anyone have any experience of this?
   
2. The previous court case (where the no contact order was issued) was over aprox 18 months ? 2 years and involved a full court and finding of fact hearings. Would this happen again based on the new incidences?
   
3. Previously as he represented himself he cross examined me when I had to give evidence against him. Is there any way around this if it goes to another full finding of fact?
   
4. If the court orders supervised access again can I appeal against it?
   
   I would really appreciate any advise, I am just trying to prepare myself with as much information as possible.
   
   Kind Regards
   
   Myrtpony

[RedHelenB]

What do the police & Social Services say? technically , yes, you are in contempt BUT if allegations have been made then SS will have paperwork to show it is not just you arbitarily deciding to withold contact.

[myrtpony]

SS have said that at this moment in time they are not taking any further action

They said that they only get involved if both parents don't have the childs best interests / safety as a priority.

After a lengthy phone conversation with me they understand that I am putting her safety first so at this moment there is nothing further for them to do?

I am really worried about having to sit through another full court case - will my daughter be called in? Will she be interviewed?

Can they force me to take her (against her will) to see him?

[betterthanever]

Can I just checka few things... the court ordered no contact but after your ex attended the programmes they ordered supervuised and then unsupervised?
If I have that right, I would ring cafcass as the welfare of the child is being affaceted due to a court related order. At the very least they will log it.
If the contact is already by order then your ex would need to go back to court and ask for the order to be `enforced' it would not start at the beginning again. You would then give your reasons why you witheld contact and the judge would decid if it went back to supervised or something else.

[cestlavielife]

you need "reasonable excuse"

you have reaosnable excuse. you reported it it went to police ss there is a record. so dont worry for now. i you ned to defend your actions you will have sufficent "reaonsable excuse". and if he goes to court for contact you can insist on supervised and monitored contact only

[cestlavielife]

if you google "childrens act uk reasonable excuse" you find some links to family law articles etc. as well as find the childrens act itself with relevant paras.
like www.batchelors.co.uk/news.asp?step=4&contentID=102&navID=4

[cestlavielife]

also go to gp and ask for referral to a play therapist for your dd so she can express her feelings to a profressional.

[familylawyerlouise]

If you are technically in breach of a contact order then you should consider taking the initiative and apply back to the court to vary the existing order. This shows that you are being proactive in trying to do the right thing. If you are making allegations against your ex and he denies them then there could be another finding of fact hearing. You can ask to give evidence by video link at any future hearings where he represents himself. The judge will use his or her discretion to decide if this is appropriate. You can only appeal against an order if you have grounds to do so - most particularly if the order made is clearly wrong or the wrong law has been applied.