Can I break contact order if I believe there are CP issues

[Chillyegg]

So I have a residency order. My DD lives with me legally and goes for visits to her dads every other weekend. My dd legally lives with and has to return to me there is also a prohibited steps order in place meaning my Dd father can’t take her abroad. However I have to provide contact every two weeks. My dd goes to contact at her dads parents house and stays there mainly being looked after by her aunt.
On Tuesday my dd’s aunt was violently assaulted by dds dad in front of dd. She wrang me distraught saying she had wrang the police the children had witnessed everything and he’s taken the children out of the house with no clothes. He then wrang me screaming down the phone as my child screamed in the background with his son asking for mummy. The police found him arrssted him and my dd was left with her dads girlfriend who she has a son to. The house is shit hole. My mum and I got talked it to her house which isn’t two hours away. She came back very distressed. Dd’s Dad then sent me a spew of text and the next day saying it was my fault and that he had a right to see his daughter that dd didn’t see anything and that it’s a family matter.
I logged everything with the police and social services have a solicitors appointment Tuesday and have police ready to be about if he turns up Thursday to pick his daughter up.
Should I by rights be able to break the contact agreement on these grounds. What else can I do. I’ve blocked dds dad because he keeps trying to FaceTime and call dd. And show her things 🤷🏻‍♀️

[Mumteedum]

No expert here and you need advice but as far as I know, you could either apply to the court yourself for some sort of emergency order to vary arrangements or prohibitive steps or you withold contact and wait for him to apply to court.

It would be a good idea perhaps to contact social services (and document this for court) to get advice and they will likely tell you that you as parent have to protect your child and it is a legal matter.

Put your decision in writing to ex and why.

[Mumteedum]

Sorry read too quickly. You're doing the right thing. X

[MrsBertBibby]

What things does he show her? How old is she?

If there is an order in place then you run the risk of punishment for breach if you disobey it. Therefore anyone intending to breach an order must

A: be prepared to be subject to an enforcement application

B : get the matter back to court as fast as possible.

At a minimum you must prepare form C100 and C1A and request an urgent on notice hearing. Make it clear that you will be breaching the order. The judge will then consider whether an urgent hearing should be listed, or whether you should wait while CAFCASS do background checks.

Your defence to any breach application is that you had good reason, and you got it to court pronto. It is not a guaranteed defence but it should be fine as long as you get it back to court.

Consider supervised contact etc.

Good luck.

[Chillyegg]

My thoughts are as the police are so heavily involved and what my dd saw who is 3 I’d be negligent to allow contact happen . He’s got no fixed abode as his parents kicked him out and his girlfriend and h have had lots of police involvement because of dv

[GeorgeTheHippo]

You have a solicitors appointment on Tuesday. You don't need to make any decisions until then, there won't be any scheduled contact between now and then.

If you qualify for legal aid you might want to make applications to court. If you don't your Solicitor might advise you not to allow contact, but to see whether he applies.

Either way, keep a diary.

[mrsed1987]

Great that you have a solicitors appointment. I imagine you will need to make an urgent application to court but the solicitor is best placed to advise.

[Collaborate]

Nothing to add to MrsBertBibby's advice, which sums everything up.

[anappleadaykeeps]

Did the solicitors appointment go ok? We had a similar situation a few years back, so wishing you all the best. I did get "told off" verbally by the Judge for stopping contact, but as I had brought it back to Court so quickly, for a variation, it was fine. There was an update to the previous CAFCASS report, and further investigation, with contact altered to a much lower level whilst that all took place. Scary process, but I survived, and definitely did the right thing. I was self-repping though, you should be in a better position with lawyer.

[Chillyegg]

The solicitor said to stop contact I’m trying to get all the forms sorted and trying to get it to court ASAP. I really feel worried but I feel I would be negligent to allow her to see him

[StressedToTheMaxx]

Gosh OP! This sounds like a horrendous situation.
It's so good you have had legal advice. He sounds very volatile to be caring for a child. I just wanted to send you best wishes and
I hope you manage to got to court asap.

[knowhow]

Hi OP

You are doing the right thing. Just wondering how it's all going x

[disneyspendingmoney]

OP when this happens to my dcs this is what I did.

Told ex immediately via text no more contact.
Told SW via text, email and voice mail exactly the same thing and escalated it to SWs manager. Told them they had to inform ex of the reasons why. Demanded that for any future contact SW supervise.


Lawyer arranged court for interim order (I wasn't on legal aid) with amendments, ex was not required to attend I was.

Because of CPP, judge issued amended interim order, which was servered two days later. With requirement for ex to attend court for the hearing of full amendments (this is so ex can explain their actions) . No contact until decided at full hearing.

All in all it took 9 days from the incident to interim order. You can ring and talk to your solicitor prior to the scheduled meeting so that they are fully prepared and instructed, even if you are on legal aid.

there was no contact from the incident until well after the full hearing. Where the judge ordered supervised contact.