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Legal matters

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What happens if a court order to give a father access is ignored??

63 replies

logi · 23/01/2012 21:21

My close relative has been involved with a access case with her young child for almost 3 years and this year there is a possibility that access may be given to the father.........the mother (my relation) will not under any circumstances be handing the child over ..................................................what would happen ??

The father at the age of 15 abused young girls over few months and was violent but has attended "courses" and "angermangement" and is now deemed "low risk"

OP posts:
mumblechum1 · 26/01/2012 14:08

Good point prh47bridge.

Can I call you Bridgy? Grin

mumblechum1 · 26/01/2012 14:12

I've only had one case in over 20 years where the dad didn't get any direct contact (I was for mum). That was because even in supervised contact sessions he was giving the kid peanuts/peanut butter etc even though he was perfectly aware that he had a peanut allergy and would go into anaphylactic shock. Every time the child saw the dad he was made ill even when the dad had signed undertakings not to give him anything to eat and emptied his pockets at the door of the contact centre, he'd have a peanut butter sandwich in his shirt, and the child was too young to say no.

In those circs there was a clear and proven danger to the child.

MOSagain · 26/01/2012 14:20

christ mumblechum, he sounds like a complete twat and didn't deserve to have contact

Is this turning into a lawyers appreciation thread? Makes a change from the normal bitchy comments Wink

Babieseverywhere · 26/01/2012 14:21

Surely your relation has nothing to lose, taking the good legal advice on this thread.

Trust the courts to do their jobs properly, help your relation to get all relevant information in front of the right people.

Your relation can always cut and run, if unsupervised access is given. Why borrow trouble it may never get that far.

GypsyMoth · 26/01/2012 14:29

Well I managed to get zero contact. Section 91(14)

This was due to ex's past behaviour, MH issues,suicide threats and a mappa risk assessment.

He was also good at not turning up for court so the general feeling was he was using court arena to carry on his abuse ( he wasn't , he had moved so far away he was unable to attend)

But anyway, that's what I got. I asked for a forensic psychological assessment. That seemed to shed some light in things. Oh, and cafcass were very very good!

MOSagain · 26/01/2012 14:35

Very rare though in my opinion Tiffany. Yours case was obviously the exception to the rule. Sounds like you went through a pretty awful time, glad you got through it ok and achieved the best result possible in your circumstances.

cestlavielife · 26/01/2012 16:33

you ahve to play the game and prbably go along with strictly supervise dcontact - this can be drawn out over many months espec as child not seen father for three years.

then in future if at the future time unsupervise dis ordered then can amke decisions.

if you dont play along and produce the evidence for no contact (which unless current issues is likely to result in supervised contact) then the mother just looks obstructive - and as was said above, possibly shooting herself in foot even losing residence of child to father

as ILT said - if you can get psychological assessment supporting the mother's view plus other recent evidence of signficant issues then there is a chance of court ordering only indirect contact anyway.

if the objection is with the psychological assessment of risk - that is not the fault of the court but with the assessor and you would need to counter with a diff expert assessment

logi · 26/01/2012 20:25

Thanks for replies ...the application for contact was 3 years ago and my relative has been complying and doing the right things and has a good report regarding her parenting ....but we feel the father has had too many chances he was told one chance to complete courses and has had 3 chances......relative was told in a few months next court case a decision could be made and she was also told supervised usually leads to unsupervised ..........and nothing is to stop her from leaving to protect her child ......he had drug test which was clear but she does have evidence printed off about drug dealing but not sure it will stand for much.

ilovetiffany - father used the threat of suicide everytime relative tried to leave the relationship and was charged with battery

Like i said before dont think we do not take on advice or take this seriously ..we do very.

cestlavielife - i will ask relative about psychological assessment

OP posts:
prh47bridge · 26/01/2012 23:38

(with apologies to OP)

mumblechum1 - I answer to most things so feel free! Grin

cestlavielife · 27/01/2012 11:25

yes supervised "usually" leads to unsupervised but not where there is sufficient evidence for it not to do so. contact centre contact can go n for years if needed.

you jumping ahead of the game.

was there recorded evidence of the suicide threats?

but again - more recent evidence may be needed.

cestlavielife · 27/01/2012 11:28

you likely to see adecision amde at next hearing whether contac should eb not at all/indirect/o contact centre. there will eb an interim order to that effect. review in three or six months maybe cAFCASS reprots etc.

next review - again - enough info for a final order or just interim until more time?

what she can push for is interim orders at this stage keep it in the court arena and if contact centre is ordered careful record keeping and monitoring.

what you dont want now is a final order of any kind but i doubt that would be given when tehre has been no contact fo thtree years - you more likely to get intrim order and come back in three or six months to see how things are going.

but she has to play long and play the system

logi · 27/01/2012 23:59

cestlavielife - yes evidence of suicide threats were recorded through text mess....spoke to relative and drug test was positive for cannibis..and was arrested for possession of cocaine.
She has appointment next week with solicitor will ask for pyschological assessment (she thinks this has been done which lead to the need for the angermanagement course and parenting course).

OP posts:
Dash12 · 08/08/2012 14:14

Hi I'm in a similar situation and was wondering what has happened with your ex so far, one month ago the court ordered my 3 year old supported contact which is a joke my ex has a possitive cocaine test and harassed and hit me for a year and a half I only called the police once because I was too scared at the time and my family was over 200 miles away he played with my mind so never thought anyone would believe me or help, I really don't want him to have anything to do with her at all he waited until I was in another relationship and I was pregnant before taking me to court, I am getting loans to pay for a Solictor and the contact centre is awful no waiting room and two streets from my house which mg solicitor says it will look bad if I say I don't like it, I know my ex is more bothered about playing games with me but I can't prove this.

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