My feed
Premium

Please
or
to access all these features

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Contact order / refusing handover

8 replies

Sammieb89 · 25/10/2014 12:33

Please could someone help me with an issue I have with my childrens father. For last 2 months it has been arranged that the children will be collected at the handover point by my mother when the fathers said contact has ended ( he has got them Friday eve to Sunday eve) we have a contact order to which he is using saying that he can not had over to my mother because if this, I also have to mention that the children and myself live 150 miles away from their father and my maternal family, to which they sometimes collect off him to spend sometime with them before returning home to me. In the order the paragraph that he is stating are as follows - 'upon the applicant father agreeing that the children do not have direct or indirect contact with the maternal family during the prescribed contact'. To me this says nothing about hand overs to my mother, just during his time with them (not to mention to 2 handovers he's already done in the past since having this order in place) do I have the right to call the police if he refuses to hand over to my mother on the arranged time and day? Attached is a picture of the said paragraph.

OP posts:
Report
HeadDoctor · 25/10/2014 14:17

Why can't the maternal family have direct or indirect contact?

Report
Sammieb89 · 25/10/2014 17:47

Because the father was causing trouble with the maternal family members when he had the children which caused a lot of conflict

OP posts:
Report
HeadDoctor · 25/10/2014 19:44

The police don't have any powers to enforce a court order as far as I'm aware. You'd need to return to court for clarification.

Report
Sammieb89 · 25/10/2014 20:38

Ok so would I have to wait till Monday to do anything about it?

OP posts:
Report
NanaNina · 25/10/2014 23:16

It sounds to me like he's just being awkward, and the para you quote clearly states that the contact with your family should not encroach on his contact. I don't think the police will want to get involved though. Not sure what you can do on Monday - presumably consult a solicitor if you have one, or else it would need to go back to court I suppose. Why do these men (and sometimes women) try to score points with the ex when it's the children in the middle who suffer. I can't see how he can't hand the children over to your mother - what's the option, that he holds onto them until you collect them. Any chance you can talk him round and point out it's the children who will get upset and confused and why would he want to do that??

Report
lostdad · 27/10/2014 10:22

No, the police can't involved unless you get a Search and Retrieve Order (C3).

The most they should do is attend his house, check the DC are OK and that's it. This is because it is a civil matter and not a criminal one. You'll also like be told to speak to your solicitor.

Report
Greengrow · 27/10/2014 11:49

If you know he and your mother don't get on hence the orignial order it seems a bit in your face and trying to annoy him to send mother along to do the picks up and quite in the spirit of the order though.

Report
Sammieb89 · 28/10/2014 22:26

The order for no contact with maternal family during his contact was because he was s**tstirring between my family and I causing us to argue. I ended up having to drive 150 miles there and back to drop the children half a mile down the road from him not only that he brought his friend (childrens godfather) along with him so even if the case with the paragraph stated was he couldn't even handover to her why couldn't his friend do it as he has known my mother for nearly 10 years, I do agree with nannanina, he is/was being awkward deepdown i knew this by the way he treated me for 8 years but wanted outside opinion on this, he's using me like a puppet and have sorted a Solisitor as it can't go on.

OP posts:
Report
Please create an account

To comment on this thread you need to create a Mumsnet account.