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Consent order- Ex and threats

2 replies

Iwishlifewasrainbows · 05/08/2020 22:17

So my ex gets every other weekend (2nights), 24 hours over Christmas and 2 full weeks over the summer per a court, he was offered more but didn't want it for our 2 DS (9&7) he doesn't help with any clubs, Drs, dentist or sicknesses despite the court order stating he should be doing 50%.
For context my youngest is awaiting testing for autism so struggled with change and noise.

DS went for 2 weeks and after a week I get a text asking if they can come back the next morning as he GF was kicking him out, I of course re arrange events cancelled plans and for childcare where possible and had them home. He told them on the drive home they had split they wouldn't see the kids of family
Pet ever again and drop at the end of the drive and hasn't contact them since! I have been dealing with emotional fall out and questions
and the impact especially on my youngest as he like GF (so did I).

Ex texts yesterday is crashing at sisters and is really busy so I can keep them this weekend which is his week, great I will cancel my plans again shall I! I told DS he is at auntie Xs and he is point blank refusing to go. States cousin who is 6 is spoilt, loud, aggressive and is to much for him and won't go there he go very upset begging me not to go. Even laid back placid DC9 said he is a demon child and horrible and he wasn't sure he wanted to. Ex has now said he is getting them Friday and doesn't care what they feel and if I don't hand them over I breach the order and he will phone the police and have my arrested! I have told him not to come to my house as they do not want go to that and and he has found a property and he needs to consider his sons needs and the upheaval but he has said I will breach the order and he will call the police.

Is this actually true? He has breeched the order numerous times like not taking any of the sick days with the DSs as court ordered to be 50/50, not doing the 2 weeks and not is saying he will come and take them or have me arrested Regardless of not having a stable home or what the children want

OP posts:
Feralkidsatthecampsite · 05/08/2020 22:21

Police won't get involved op.. He can take you back to court. You give your version of events. Ie the truth. And judge likely amend the order giving him less time. He can't be forced to be a df. Then claim Cms. He can be forced to provide financially though.

Tinkywinkydinkydoo · 06/08/2020 16:42

Unfortunately with you being the resident parent, you have to make your dc available for the times stayed on the court order. If it’s his weekend, then it’s his weekend no matter where he is staying. There’s no order stating he HAS to take his time but there is an order saying when they have to be available for him. So yes you can’t withhold them without a court order. I do feel for you, it’s not fair on you or your poor dc. Keep a journal of every time he’s missed it taken them home early and take him back to court.

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