Son assaulted - police instruct me to break contact order - who has more power?

[ilovemilton]

DS was assaulted by ex at weekend contact.

Long long case of no contact, supervised etc and many issues.

At the last hearing, an enforcement order was put in place that residency is transferred if I break the order "again". Even though I have never actually broken the order - this came from daughter running away whilst with him and kids not being happy etc.

Assault was reported to the police, who took it to MASH, who said suspend contact immediately. Today should have been contact after school.

If I do as they say, will I be breaking the order? Can action then be taken to remove the children? Are the police allowed to override an order?

The police cannot override a court order. If you have been told that they can, you have been misinformed.

You need to get paperwork, and apply to court for a hearing? Have you not been doing these things?

I agree with Maryz, unfortunately. If you have no paperwork and no direct instructions from the court, you can't stop contact without seriously risking losing residency.

I stopped contact on advice of SS after an incident - BUT i wasn't under enforcement order or threat of residence change or facing a shit hot solicitor...ex didn't believe in court process etc.

follow babybarrister advice but try and get something in email from MASH to say no contact. you need some evidence. can you take ds to GP straight from school? eg to record bruises or whatever?

I've spoken to so many people but can't get through to anyone who will be able to write anything.

I've done everything people have suggested, but I really can't afford a court application.

The danger is that if you do something without court authority and the allegation (that is all it is at the moment) goes the way of all the others (i.e. is not found proven), you'll lose residence.

Finally heard from safeguarding! They and CAFCASS agree to stop all contact until fully investigated.

good news milton - get it in writing/email from them.

That must be a relief. Have you got that in writing? Is the Guardian applying for a hearing?

They said they have spoken to him and "found out how it happened". They are going to investigate why these allegations keep "cropping up" and what we can do to stop it.

How about, because the kids keep getting hurt?!

So not relieved at all. That means show how you are lying again and take the kids away?!

Oh and he said they will look at how to protect dad from further allegations in the future.

Have you anything in writing?

Who is "they"? I think you need to be really very careful here.

The court is probably closed now. Op, please email the court with details of those you spoke to. Ask the court forward your email to the judge.

"They" are social services

Op , in your first post you say that this assault was reported to the police. Why have you not got an incident number ? You say you have no paperwork but an incident no. Quoted on the emergency application for a hearing would suffice. You can also ask for a copy of your statement direct from the police front office. How old is the child Who has been assaulted ? Did he makes a statement as well ? If so, get that along with the physical evidence you said still shows and your point will be taken seriously.

He is 6. He gave a statement. Police say they are satisfied an assault took place.
I've spoken to police who say I have to apply in writing to their records people. Which I did but will take ages.
Yes I do have the incident number :)

Has he been charged and if not are the police planning on doing so given that they are confident an assault took place?

I'm so sorry you and your children are going through this.

I wish all those people who believe courts are biased in favour of mothers would read these threads and see the reality of court for women.

Ilovemilton my experience was exactly the same. I am sorry that you are having to live this nightmare.

They aren't pressing charges as social services are taking the lead and he has told them it didn't happen.

I'm really sorry to hear what you and your children are going through. I really hope it all works out ok.

Is it possible for a 16/18 year old to take social services/ cafcass to court for forcing them to see an abusive parent during their childhood? I just wondered if such a precedent may stop authorities thinking that low level abuse is better than no contact.