Enforcement order - advice please

[ilovemilton]

After over a year of court hearings and assessments, exh has been granted 2 hourly supervised contact sessions each week. History of physical abuse to all three of us.

After much persuasion, DS goes into the sessions willingly but DD flatly refuses. There is no encouragement given by the staff at the centre and I feel I have encouraged all I can.

Exh has applied for an enforcement order as DD does not go into contact, even though I physically take her to all sessions.

There is also talk of "cross examining" DD to find out why she won't go in.

Am I actually breaking the court order? What action could be taken against me? What else can I do?

[inthename]

It really depends on the wording of the order. most say 'shall make the child available' which providing you are taking her to each and every session and she is either remaining in the car or remaining in another room, then you are doing this. Who is the contact supervised by? How old is DD? Who has told you they would 'cross examine' her?

[ilovemilton]

That is the wording of the order...make available. We sit downstairs in the same building.

The children have a guardian who is meant to be attending to ensure "the mother does what she is meant to", and it is from that side the words "cross examine" were used today. Because they are trying to decide where to do it, school and home are not suitable apparently.

Social workers supervise.

[ilovemilton]

DD will be 9 next month.

[inthename]

then I don't see how an enforcement order could be made. Cafcass would do a wishes and feelings report on your DD if she is judged to be 'gillick competent' but surely the social workers will have records to show why she does not go into contact. Of course they can apply, but as with all these things, a judge won't necessaryily do what they are requesting!

[ilovemilton]

Cafcass say there is no need for a wishes and feelings. They have to "get over it" (the abuse).

Can they gain an enforcement order on the basis that they are saying I am not encouraging contact?

The logs don't say anything as the conversation consists of:
are you coming upstairs to see daddy?
no.
Ok then.

[ilovemilton]

The other side have also said they have no idea whether dd is present at contact or not.

[inthename]

I don't know I'm afraid, hopefully someone will be able to answer that. as far as I know you are complying with the order as your dd is 'available' and the logs, if nothing else show that your dd is physically there. All the other side do is ask the supervising social worker if your dd is there. sounds to me like its to get a reaction from you.

[ilovemilton]

The logs don't prove anything. The conversation with dd is not recorded.

It's all very much about upsetting me, controlling me and increasing my costs. He is fully funded by legal aid.

[ilovemilton]

Sorry, another reason they say I have broken the order is by sending them to contact with a friend, as I was working.

The order does state that the mother makes available, but surely this can't be a breach?

[inthename]

No thats not a breach. A breach would be (as an example) sending your ds and then keeping your dd at home or taking her out somewhere else. It sounds like you need supervising social worker to at least provide a register showing your dd was in the same building. Bit confused, are you in Uk? legal aid is now only available in cases of proven domestic violence (since April 2014) so even if he had legal aid last time if the original case pre dated that, then I think this would be classed as a new case requiring a certificate under the new rules. If I were you, I'd keep attending contact, ignore what they are saying until the court papers actually arrive.

[ilovemilton]

Yes I am in the UK. The legal aid issue has always frustrated me as he applied in Oct 2014 so no idea how he got it. The case wasn't finalised so he is still on the same certificate.