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Accusations of assault and Enforcement orders

1 reply

Bastheram · 17/02/2020 15:01

Hi, this is the first time I've posted on the forum (although I am constantly reading advice given to others, the forums are a fantastic resource for this alone) so please excuse any missteps with these questions. There are two (linked) facets to my query, advice on either or both is appreciated.

I have been going through family court for more than two and a half years regarding access to my son. My ex, his mother, has been diametrically opposed to any kind of contact but this has been established by a court order and he stays with me every other weekend. She has breached the court order for the first time last weekend by taking him out of school early to prevent me from picking him up (it was due to be the first time, although I'd previously been into school to watch assembly, for parents evening etc so know his teacher and the head). My solicitor has suggested we apply for an enforcement order - I wondered what experiences people have had with these. She has suggested we ask for a penal notice to be attached, do these tend to make any difference?

I was told by my ex (by text, after calling and texting her) that I could collect my son from her Father later in the evening. After strapping my son into the car, he assaulted me, as did she - I will not go into too much detail as it's a police matter. My partner called the police, but now they have accused me of assault and all three of us (me, son's mother, son's maternal grandfather) are all to be interviewed by police. None of us were arrested and nobody seriously hurt (slight injury to my arm from being clawed by the ex but nothing much - they weren't injured as they weren't assaulted!). I'm worried about how this will affect contact arrangements, as I'm worried they won't release my son for contact next time. I returned my son on Sunday as per the order as both social services and the police advised this was the best thing to do. I worry about what they will say about me to him - he was oblivious to what had happened as he was strapped into a car seat facing away from the house but he is 6 now and I worry they will feed him poison about me. I have told social services and they don't seem interested, despite previous issues over psychologically abuse of my son by mother and her family. How might this episode affect things? Police were reassuring that nothing will come of it for me but I am worried.

Many thanks

OP posts:
prh47bridge · 18/02/2020 07:20

You should listen to your solicitor.

It is unlikely the court will take any enforcement action based on a single breach of the order.

The court will not take any enforcement action unless there is a penal notice attached to the CAO. If there is no penal notice at the moment, getting one added is the first step in enforcement.

No-one can predict what will happen about the next contact or whether your ex will try to alienate your son against you. However, if she breaches the order again or does engage in parental alienation that may persuade the court to take action to enforce the order.

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