Specific issues order

[user76244]

My partner goes to collect his daughter every Friday night and drops her back every Sunday night, I am at work when he does this. His ex partner has made numerous threats towards my partner and 2 children, has assaulted my partner numerous times and been arrested, most recently her boyfriend has been arrested for threatening a neighbour with acid, he was arrested then broke bail conditions by returning to ex house and was taken away by the police. My partner has been informed of this by social services. The ex is a drug addict and social services are currently investigating numerous allegations that people have made against her. This is really all they would tell my partner so he doesn't know much more.

Now that's the background out of the way I want to know whether I can get a specific issues order against my partner to stop him taking my two children with him when he goes to pick up/drop off his daughter. As mentioned above I work when he does this and he said unless I can make alternative arrangements for the two kids, which I can't, he will continue to take them.

[shouldwestayorshouldwego]

Are they his children too? If he can't take your dc with him and presumably you wouldn't want her to pick his DD up, how do you propose he returns her? I think you need to find some alternative childcare. How long does he take to return her? Is there a teenager who would be willing to babysit?

[user76244]

They are his children yes, the ex does not drive so could not help with the pick up or drop off, I have tried to make alternative arrangements but I can't get anyone to commit to every weekend, it takes him around an hour to go there and back.

If I put in this type of order do you think it would be accepted? If it makes a difference the ex kids are on a child protection plan

[McFrostyNuts]

Am I missing something here? What are you expecting to happen if your partner can't take the kids with him, your at work and you can't get child care for that hour Fridays and sundays?

[DaisysStew]

Are you still together? If so it’s really odd that you’re trying to get a Court Order against him rather than his ex (some sort of injunction keeping her away from your children meaning he couldn’t take them to pick ups). And if you aren’t able to watch them when he has to pick up his other child what do you suggest he do?

Also if SS are involved then as the other parent he has every right to be included in the investigation process and be kept fully updated so he needs to call them and find out exactly what is going on.

[Doyoumind]

IANAL so I don't know if this is even possible but if it is I don't think a court is going to be impressed you are trying to do this with a current partner. Court is a last resort. Don't think you would win either.

[user76244]

We are still together yes. And I don't know where that would leave him with regards to doing the drop offs etc, but I have to keep my kids safe. This woman has dragged my partner from the car before, smashed up our car made threats against our kids and all of this has been reported, she has been arrested for the assaults and smashing up our car but still she is allowed custody of the daughter and I can't risk it anymore. Especially with the boyfriend being found in possession of acid. Surely if I have evidence of all this, which a judge could easily confirm the above with the police I would have grounds to make the order?

There are no other childcare arrangement I can make and I can't change my shift pattern at work

[tattyheadsmum]

You want him to stop seeing his other child don't you?

[Collaborate]

This is utterly bonkers. Does he know you’re so unsupportive of him? The court would give you short shrift based on what you’ve posted here.

[user76244]

I just don't my kids going there I never said anything about him stopping contact.

[negomi90]

You cannot take a current partner to court over child custody. How can you be in a functional relationship if you distrust them so much you're taking them to court?
Your options are trust your partner or separate and go down the custody route (when you may or may not be able to get a specific issues order - though I don't see it being likely to happen).
You have a massive problem if you don't trust your partners ability to keep your children safe. That's a marriage issue.
I don't know the inns and outs or if you're being unreasonable or not. But whether you are right or wrong, you shouldn't be in a relationship with someone you believe is a danger to your children. That's what you're saying about your current partner. That you believe he will put children in danger.
You have bigger issues than court semantics.

[shouldwestayorshouldwego]

Could pick up/drop off be done through a third party - her grandparents perhaps. Or contact altered so he picks her up from school on Friday and drops her at school Monday morning? I would be encouraging him to find solutions which don't involve him having contact ordinarily then you would just need to arrange childcare for your dc in the holidays. It doesn't sound like a suitable situation for any of the three children to be in.

[DaisysStew]

The thing is even if the Courts granted you the order you still have the same problem - you refuse to have the kids while he picks up his other child. So the order would leave him with 3 options: 1) Take the kids to pick up anyway, breach the order and face severe sanctions from the Court 2) Break up with you and refuse to have your joint kids at times when he has to collect his other child (meaning you would have to have them which you are saying is impossible) or 3) Not see his other child anymore

None of these options are good are they? And the most realistic one that he could take would be 2. So essentially you’re making him pick between staying with you and seeing his child.

I would think long and hard before making a decision.

[MissMalice]

This is probably the strangest post I’ve ever read on this board. I can only imagine the court would tell you to stop leaving your children in the care of someone who is putting them at risk.

[AnchorDownDeepBreath]

If you don't trust your partner to keep your children safe, you need to stop leaving them with him.

A court order to stop him doing anything specific whilst he is looking after them for you is not likely to achieve this. Especially as you can't find a way to make it work, so when the court asked how this could happen; you'd have no idea.

I'd imagine it would also cause your relationship to irretrievably break down.