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Indirect court order

(12 Posts)
Kirstynew Mon 02-Jan-17 13:09:45

Hi was wondering if someone could help with my situation.. so my ex has taken me to court for access to our dd and ds due to issues with his alcohol usage the courts have ordered indirect contact only until they can establish whether he is a risk to them.. my children have also decided after a few incidents with their father that they no longer wish to have contact with him (they are 10 and 12).. christmas day my dd received a txt and numerous calls from her father saying he was outside with their presents and to go and see him.. now bear in mind my children haven't seen or spoken to their dad for nearly a year now and the last time we spoke was him threatening me and my now partner which he received a caution for.. my question is is he allowed to turn up at my home if a judge has stated indirect contact only surely that constitutes direct contact?

MrsBertBibby Mon 02-Jan-17 14:04:41

If the order doesn't specifically say he is forbidden to see the children, then, no, it isn't any kind of breach that would get him in trouble. Although it isn't going to endear him to the judge. When are you next in court? Do you have a solicitor?

llangennith Mon 02-Jan-17 14:09:09

No he's not allowed to just turn up. He can see them at a prearranged time at Family Centre or such, though at their ages if they decide not to have any contact with him the court will not (cannot) force them.

Kirstynew Mon 02-Jan-17 14:18:05

We are back in court 14th March.. his not even allowed family centre at the moment it states on the court order only gifts and letters although the judge did say texts to my dd. I don't have a solicitor

Kirstynew Mon 02-Jan-17 14:19:56

We also have cafcass involved which my children have an appointment to see in Feb I don't know whether it would be worth calling my case worker tommorow to see what she says?

Ilovecaindingle Mon 02-Jan-17 14:20:14

Indirect means he doesn't get to see them face to face. ..
So going to the car for presents was not appropriate. .
Keep a record of all happenings for when you go back to court.

Kirstynew Mon 02-Jan-17 14:29:10

This is what I thought and the poor things were so nervous ( usually when daddy or his family are about they verbally attack me) I'm keeping records of everything and will take it all with me to court although think it's now time I get a solicitor

MrsBertBibby Mon 02-Jan-17 15:26:35

The CAFCASS officer can't help you, although no harm telling him/her what happened, as relevant to the work s/he is doing.

If you can afford to, get some help from a solicitor, at least to send him a warning letter not to come to the house.

The court can make a non molestation order "of it's own motion" (off its own bat) in proceedings, but that's unusual. It's quite a wait until you are back in court, so if you fear more harassment, you could yourself apply for a non mol to keep him away. Which would then enable you to get legal aid fof the children's case if fjnancially eligible.

Kirstynew Mon 02-Jan-17 16:40:39

Yeha I think I'll give them a call just to let them know really.. I've tried receiving legal aide through them for domestic violence (as that's what they've said it comes down to) it was a no go because my partners wages are taken into account. Theyve had to give him time get hair samples and stuff in and reports from cafcass need to be done.. so its all dragging. Thank you everyone for your help

babybarrister Wed 04-Jan-17 12:32:28

Message withdrawn at poster's request.

mrsdarcey78 Thu 12-Jan-17 15:45:04

try looking for a mackenzie friend in your area they are a lot cheaper then a solicitor, also when I was taken to family court by my ex I contacted my county council, and they have advocates for children, they will come to the house and do a independent letter (with you in another room) for the judge, also this can be done at school with a teacher present. (it has to be when you are not there so it can be independent). also google pro bono barrister unit, they are free barristers who if you are referred and have 3 weeks before the court case can offer a free barrister to represent you. my children were 18 15 and 9. The ex ended up with indirect contact with the 9 year old. (letters only). If you say that you appreciate the children when they are older may wish to contact their father you are willing to help keep up contact via indirect contact, the court and cafcass like that. Its better then saying none. at the childrens age 12 and 10 they will be listened too and their wishes will be taken into account, you can't be expected to force them to go x

MrsBertBibby Thu 12-Jan-17 16:48:42

Glad you got an outcome you're happy with, mrsdarcey.

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