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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Have I broken the court order?

3 replies

BookArt · 24/09/2024 21:41

Court order states three phone calls a week at a specific time and days.

Two weeks ago a birthday party was rearranged on the day due to the birthday child having a vomiting bug. It was arranged for today, taking place at the time the kids should be calling dad.

I asked dad (not a positive coparenting relationship in any way) if we could move the call to an hour earlier, miss this one or do the call a different week day where the kids don't have extracurriculars. Dad would only accept in the middle of a hobby (that dad hates and actively discourages) , or at his normal time. I felt this was unreasonable but said okay, I told dad we would call by leaving the party for ten minutes but did say that our six year old was going to struggle with this. She had been looking forward to this particular party due to the activity and because it was her first party that was after school.

So today I took the kids to the party. I encouraged the 6 year to leave the party but they refused. The younger child did the phone call with me in the car. I message dad saying the eldest did not want to leave the party but the youngest would be on the call.

Dad answers, he's on a plane that has just landed in England. The call lasted two minutes because he was getting his bag to get off the plane.

Dad has now responded to my message about our eldest and said I am in contempt of the court order. Am I?

If we had been at home and the 6 year old had refused to speak and left the room or ignored dad (which does happen often) I wouldn't be in contempt.

But then again maybe we should have not attended the party, despite our child being so eager.

Any advice?

OP posts:
millymollymoomoo · 24/09/2024 21:58

Ignore him

let him take you back to court ( not that it would get that far)

the order is not fair and you’ve been reasonable.

there is zero benefit to your child to be forced to speak if/when they don’t want to

BookArt · 24/09/2024 22:04

@millymollymoomoo thanks for this. We are due back to court in nov, cafcass should be visiting anytime now. Cafcass recommended three phone calls, before that it was two a week. So I think I am on edge. I am trying to be reasonable and put the kids first.
It is the first phone call the eldest hasn't been on screen, there was one other where they hid behind the sofa. Loads where both kids just ignore the questions asked.

Yes I agree, I could have picked the kid up and carried them out, but they would have been so angry and upset they wouldn't have spoken.

OP posts:
millymollymoomoo · 24/09/2024 22:34

It’s totally unreasonable to have times that are not flexible

personally not a fan of calls at that age either - unless of course kids want to call, it’s awkward, and most kids can’t hold attention for long enough, push to have this removed or at least more flexible and child centric.

just keep evidence that you’ve offered alternatives

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