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Breaking contact order

(10 Posts)
Pumpkinpie11 Sun 09-Mar-14 00:15:08

I'm currently stopping contact despite having a court order.
I believe my children are at risk with their father and his living conditions are unacceptable.
I can't give any other details or anyone knowing the children would be instantly recognisable.
I reported the situation and we had a SW & police CPT officer visit. Police decided they won't take action but SW said he will do a full assessment. The problem is he never left his details and I haven't heard from him since.
What sort of trouble will I be in for not adhering to the court order? I'm very worried that the judge said I could go to prison if I don't hand the children over.

Collaborate Sun 09-Mar-14 10:13:57

If your concerns have already been considered by the court then you may be in trouble. If the concerns are recent and haven't been considered by the court before, you're on stronger ground. Contact your local childrens services and they should be able to tell you who visited you.

Pumpkinpie11 Sun 09-Mar-14 10:20:37

Thanks. I didn't raise any concerns in court because I believe they should have their dad in their life.
Since he's been having them if he hits them he tells me it's because he just can't cope but is still adamant he wants them for long periods without a break.
The children are happy not to go and initially the police told me not to send them at that they can over rule a court order where there are child protection issues.
I thought courts were above the police though.

balia Sun 09-Mar-14 12:23:31

Not a sol, but would you be safer going back to court and applying for a variation based on the new concerns/police & ss advice?

MuttonCadet Sun 09-Mar-14 12:29:52

If the police told you not to send them, do you have the name of the officer and was it in writing?

I'm sure that if you have serious concerns that will be taken seriously, but you need to talk to the relevant authorities and do it properly.

lostdad Sun 09-Mar-14 14:07:09

`The children are happy not to go and initially the police told me not to send them at that they can over rule a court order where there are child protection issues.'

No they can't because a) it is a civil matter b) they don't have power to overrule court orders.

Only the court can make court orders. Not the police, not social service, not solicitor or barristers.

If you feel strongly enough that your children are at risk you should withhold contact and let your ex return the matter to court where it can be discussed there. You will put your reasons to the court and they will make a decision based on it.

But remember just because you `believe' something isn't strong enough - you will need to demonstrate what your saying is true `on the balance of probabilities'.

Failing to adhere to a court order could (in theory) result in an order for imprisonment, a fine or an order for community service. In a worst case scenario it could also include a change of residence to the other parent.

Squirrel14 Sun 09-Mar-14 14:15:23

Apply for a variation, or write a letter to the judge who was in charge of your case. For the judge to tell you you would go to prison for going against the court order, does that mean this is not the first time you have broken it?
If you honestly believe the children are in danger, don't send them. Cafcass will agree, it's not in the best interests of the children. But you need to be seen to be making efforts in other ways, not just denying contact and not trying to resolve anything, or letting the father know what is happening, if you have just denied contact with no "reasons" in the eyes of their dad, otherwise he is likely to take it to court again, and it could go against you, I believe.

Collaborate Sun 09-Mar-14 15:11:03

You should really be applying back to court to vary the order. Puts you in a stronger position.

Pumpkinpie11 Sun 09-Mar-14 15:35:35

I have stuck religiously to the court order until now. The judge just ended the hearing with a warning about the consequences if either parent failed to meet the agreement.
Their father wasn't bothered about them not going this week but I suspect he thinks it's just a wobble after the events of half term.
I do not intend to give him an explanation because if I do he will clean his house and I know SS will be paying him a surprise visit. I'm not talking toys on the floor or piles of ironing - more excrement.
The problem us that I can't afford to go back to court. Even without a solicitor the court fee is beyond my means at the moment. If I write to the court explaining my concerns will I have to pay again?
I initiated the current court order to stop him 'stealing' the children and to make sure he saw them.
I have discussed with the children that they go for days but not overnight because most of he violence seems to be in the evening. I won't stop them seeing him but I need to know they're not at risk when they go.
I'll try tracking down the SW tomorrow and see when he intends to do his assessment.

prh47bridge Sun 09-Mar-14 19:35:53

The court won't act on a letter. You have to go back to court to apply for a variation if you want the order changed. If you are on a low income you may not have to pay the full fee.

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