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(15 Posts)
HowamIgoingtocope Tue 31-Jan-17 12:48:41

My son is in temporary custody with his father, we have a court order that states unsupervised contact. He is stating supervised ( he is supervising) can he do this.
I have had some health issues and my main priority is to get my son back.
Can anyone tell me as well How I can request a later court date due to health issues.

Im not putting the full story as its very long winded . Please don't judge me , Im working hard to get my son back.

MrsBertBibby Tue 31-Jan-17 14:13:13

He must comply with the order, unless and until it is varied by the Court. Has he applied back?

If your health issues mean you can't get to court, however, might that not suggest you can't manage contact?

prh47bridge Tue 31-Jan-17 14:16:09

If the court order provides for unsupervised contact he is in breach of the order if he insists on supervising. If he persists you will have to return to court for enforcement of the order.

If you want to change the date of the hearing you apply using form N244. In question 3 you say you are asking the court to adjourn the hearing because...

HowamIgoingtocope Tue 31-Jan-17 15:38:44

Thank you and no my health issues don't effect my contact ability.

MrsBertBibby Tue 31-Jan-17 16:57:37

The court is likely to want some medical evidence with that.

HowamIgoingtocope Wed 01-Feb-17 14:24:47

Don't worry about that , the court is fully aware of my medical issues and has been provided with every thing they need. I wouldn't put my son at risk .
The original post was about my ex and his contact . However my health issues have meant I have been in hospital and on medication . Ive basically been very poorly and im still dealing with a health issue that is being monitored.
I will get the form in asap. I am seeing my legal rep this week so hopefully I will be a bit more in the know about what I can do .

HowamIgoingtocope Thu 02-Feb-17 11:41:40

hes breached the order, sent me an email reharding the change , as hes booked ds into nursery .
Today is going to be fun .

HowamIgoingtocope Thu 02-Feb-17 14:53:17

I'm completly devastated.

prh47bridge Thu 02-Feb-17 20:55:12

Why are you devastated? What has happened?

HowamIgoingtocope Fri 03-Feb-17 04:43:57

He's broken the contact agreement again and booked our son into nursery without going to court. Been told by the police as he is main carer I have to grin and bear it till the next court date. What's the point having an active court order when they can do what they want. I'll see him a different day. But that's not the point. I now have to rearrange my therapy and appointments so I can ensure.I get to.see my boy.

prh47bridge Fri 03-Feb-17 06:32:44

It is not the job of the police to enforce contact orders. However, the courts can enforce orders. He cannot do what he wants. Make sure you keep a diary and give the court as much evidence as you can showing his failure to comply with the order.

HowamIgoingtocope Fri 03-Feb-17 08:23:57

Believe me its in hand. I will be getting a lovely file together of evidence. I will get my son back . I breath for him.

HowamIgoingtocope Sun 05-Feb-17 03:03:29

Well we agreed an alternative date . That has now been refused even though I was taking a friend with me to supervise. All because he now thinks I'm a risk due to our argument at nursery. The police were there and nursery are now talking to me. Action plan is being put into place today and I'm taking serious steps to sort this.

tommytippedup Sun 05-Feb-17 03:09:10

What's the issue with nursery? I would have thought that he can arrange childcare without going through the court? Why were the police at nursery?

HowamIgoingtocope Sun 05-Feb-17 03:43:30

Yes he can arrange childcare as he wishes , just not on a contact day that is on the arrangement order, which he did not long after the order was set by the court. He called the police so as to not "breach the police" .

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