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

111 replies

ilovemilton · 18/11/2015 10:40

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?

OP posts:
ThumbWitchesAbroad · 19/11/2015 23:13

Oh I'm sorry Collaborate, I didn't realise this board was a closed one! Oh wait, no it isn't.

And in fact, I'm not "egging the OP on" - I'm shocked at her situation, as I have been equally shocked at similar situations that I know about in real life, where I know the people involved. So I know that this sort of thing does go on.

THere is nothing wrong with a bit of support - I don't believe I've told her to do anything other than get better legal advice, so really I don't understand your "egging on" point.

howtorebuild · 19/11/2015 23:26

I don't think I was egging anyone on either by advising a court hearing and getting written evidence. Confused

Maryz · 19/11/2015 23:31

This reply has been deleted

Message withdrawn at poster's request.

howtorebuild · 19/11/2015 23:35

If op is telling us at various stages she has witnesses, we go off that information.

ThumbWitchesAbroad · 20/11/2015 00:21

Yes but I didn't suggest that, did I Maryz.

Look I take your point, but don't you or anyone else be reading anything else into my post - as I said, the only "advice" I gave was for the OP to get better legal advice, and can you honestly say that was a bad idea?

I'm leaving this now. I go on what the OP has posted here, not do advanced searches on all their previous threads.

ilovemilton · 20/11/2015 08:21

I have no idea how legal aid was granted, I have tried to report him for this as there are no reasons - he certainly did not have dv against him.

I haven't ever broken contact - the enforcement order was taken after my daughter was running away and being a miserable child when she was with him and it is just a continuation of his bullying tactics. This is the first time I haven't sent the children.

Every single week my children are coming home hurt. This has been seen by authorities but it does not meet the threshold of harm. How much do they have to go through before it is stopped?

And I've never asked for contact to be stopped. Just the abuse.

I'm continual in my promotion of contact. I send pictures and updates daily. Ex refuses to respond. I get the children to phone him, he refuses to answer his phone. When they are in his care, he will not communicate with me, allow them to contact me, and blocks my phone so I cannot contact him. I don't know what I am meant to do.

OP posts:
Marilynsbigsister · 20/11/2015 09:03

What you need to do OP is follow through with the things that have been recommended. You have stated that the neighbours are willing to give a statement, you need to get that as soon as humanly possible. You need to do the subject access request to the police for the report of the assault and police photographs of assault. Most importantly you need to get that email confirmation from a few days ago that puts in writing that you should break contact. Once you have this, you need to find a lawyer who can get you into court with your 'independent 3rd party' evidence. Because at the moment it is not looking good and is not going to get better.

ilovemilton · 20/11/2015 09:11

Thank you. I have done all of those things except the hearing, which everyone says we can't do until ss have written their report.

OP posts:
Collaborate · 20/11/2015 09:55

ThumbWitchesAbroad

So you don't consider this as goady pot stirring incitement?

What in the name of fuck is going on in the UK with this scenario?

A guardian who thinks low level abuse is better than no contact - I'm sorry, wtaf?

A SS person who thinks it's more important to "stop the allegations of abuse" than find out why they're being made and, oo I don't know, maybe STOP THE FUCKING ABUSER??

Dear God. Why are you not allowed witnesses? Who does your ex have over a barrel that all this is allowed to happen? You really need better legal advice.

Your poor children.

Or this?

I don't mean that last bit against you, btw, but against your bastard ex and all the wankers who are dealing with your case who appear to prioritise his needs over your children's needs and safety.

I think your posts are outrageous on a forum where the OP is looking for legal advice.

ilovemilton · 20/11/2015 10:41

Please don't all argue! I was asking for legal advice but it's nice to have people who have been through it and understand my frustration. Appreciate everyone's comments and am able to make the decisions to go with people's legal advice rather than other comments :)

OP posts:
Marilynsbigsister · 20/11/2015 12:10

You have a lawyer now OP ? Excellent. What have they recommended ?

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