PSO or enforcement?

[FamilyLawQuestions]

CAO in place (lives with both but unequal share of times
RP preventing contact by removing child from school 15 min early on days NRP is due to collect.
School say nothing they can do as order says NRP collects at 3.30 so they cannot stop RP collecting at 3.15, even if NRP is at school before RP. This includes where RP authorises another person to collect - the school will release to RPs approved contact but not to NRP.

No safeguarding concerns. No reason given by RP. No notice given to NRP that child would be removed from school. RP has said they will attend mediation but that was a month ago and they haven’t made any contact with the mediators.

Is enforcement the only/best option or could a PSO be utilised?

Definitely PSO - not to remove from school without written permission of the NRP. Add a penal notice to the main order.

Fantastic, thank you very much.

Is there any chance a court would grant an emergency hearing for this? Or is that a waste of time and NRP is looking at 6-8 weeks of further breaches before it’ll be heard?

Possibly, though will have to be on notice.

Thank you @Collaborate. I really appreciate the time you give to this board.

This happened to me - although I was the RP removing my child early whilst a court order was in place.

My ex wasn't allowed to get a PSO and had to go for enforcement - they did try the PSO route as they told me when I attended for the enforcement hearing that a PSO is for emergencies if the child is in immediate danger which is why it wasn't granted.

I presume you had a legitimate reason for removing the child early?

The RP in this case does not. The RP has also had sufficient time (months) to apply to vary the order but has chosen instead to repeatedly remove the child early.

@FamilyLawQuestions
I removed her because child was being collected by unsuitable people and taken to unsuitable places and NRP wasn't staying with the child.
NRP obviously would say they was no reason for me to be doing this.

Courts sided with me when we got to the enforcement hearing and removed contact time.

I could have also applied to vary the order - but I didn't because the process would have taken too long whilst the child was in unsuitable places

Why is RP doing this? Have you had an argument? Have you stopped paying child support?
^ not that these are any excuses btw but it seems odd that this is happening now.

CAFCASS have previously told court that RP displays alienating behaviour. That was what prompted the order for child to live with both parents rather than NRP having contact order. There haven’t been any arguments, maintenance always paid above rate of CMS. This isn’t out of the blue and I’m sure the RP feels they are justified, as they have felt justified for all alienating behaviour so far but I am certain they are not. RP has been hostile to contact since separation.

@FamilyLawQuestions

I would get both the court forms - fill them both in and then make a counter appointment at your local court and they can take them off to the legal advisor who can make a decision for which one you'll need - enforcement or a PSO and if you do need the PSO they can give it to you on a ex-parte (no notice hearing) the same day that you are sat there.