Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Am I breaching the court order?

29 replies

Bishalisha · 13/08/2019 23:00

I’ll try to give as much info as possible. Doesn’t help that I don’t have contact order to hand

  1. court stated late 2018 father was to have weekly supervised contact on a Saturday to reestablish the relationship. This was not overnight and for a period of 8 hours. Magistrates not looking to change this until the final hearing. Contact has been predominantly every other week due to father not being able to organise supervisors
  2. list of supervisors was agreed. Father wanted his own father as supervised but after hearing concerns were not agreeable. Father has asked on a further 6 occasions for his father to be included and I have refused to allow this, my solicitor has contacts his twice asking him to stop asking
  3. holiday within the uk and two hours from home for Friday- Tuesday (this August weekend) was booked in February, in the knowledge that there was a hearing in March and a final hearing would be before where this could be discussed
  4. I THINK holiday was mentioned in pre March hearing position statement. When it was mentioned towards the end of the March hearing the fathers counsel dismissed it and said we could discuss it at the next hearing set for May
  5. may hearing was cancelled and no date for final hearing was set as Father was apparently completely unavailable on weekdays until January.
  6. I text father 24th June informing him of this trip. He did not acknowledge receipt of this text though did respond asking if I had seen his email (another request to add his father to list of supervisors)
  7. father emailed Monday morning mentioning trip and how he is happy for child to do things that benefit him. But as it’s at a weekend, can he have him on Thursday instead and no supervisors are available but his dad is. I responded saying that I am not in agreement to his father supervising and he is not on the list and that he is welcome to see him Thursday if one of the named supervisors are available
  8. he responded saying that he will just have to see him on Saturday then ‘as per the court order’

I haven’t had a chance to speak to my solicitor yet but I can’t work out if I’m in breach of the order if we go away as the order does state every week (as an aside- how are families supposed to plan holidays when dealing with a controlling ex? When weekly is ordered ) my ex is incredibly controlling and difficult which has been acknowledged by the courts and this is the reason we are holidaying in the UK, as I could anticipate difficulties. I’m just wondering if going is going to backfire on me?

OP posts:
Jeezoh · 14/08/2019 10:50

Also, if he’s breaching the court order himself by contacting your LO outside of the agreed times, I’d point this out to him and confirm that you’ll be applying for a final hearing ASAP to iron out the issues of holidays and his breaches of the court order. I’d totally call his bluff and go. Realistically, what’s the worst that can happen as a result of you going?

Summerunderway · 14/08/2019 10:58

Go on holiday op. Your ex is a twat. If he had kept to every court ordered contact he may have a point.
He hasn't, so he hasn't!!
A judge will more question his behaviour than yours.

Summerunderway · 14/08/2019 10:59

And I would bet my last quid he won't show for ths Saturday if you cancel the holiday anyway...

Bishalisha · 14/08/2019 11:03

I think what gets me the most is that he has had 6 weeks notice to arrange something. He's waited until 4 days before (EYEROLL)

OP posts:
New posts on this thread. Refresh page
Swipe left for the next trending thread