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Prohibited steps orders without reason

9 replies

Bentoforthehorde · 10/10/2020 07:58

Ex and I are going to court to work out child contact, he has history of coersive controlling behaviour.
He's added a list of prohibited steps orders. Us moving house (he moves every year so he's not local and I've no intention of moving anyway), holidays (I've no holidays planned, and no passport as we don't go abroad), name changes (no intention of doing this), medical treatment (this I think is about a tonsillectomy he doesn't want to go ahead)
Does this all mean that he is applying to the courts for an order that says if/when I decide to do any of those things I would need his permission?
My solicitor is on holiday at the moment so I haven't had legal advice yet.

OP posts:
stealthmama · 10/10/2020 08:08

Yes basically, it means he has to give express permission. There's some strange things in there and I would expect your solicitor to go back quite firmly. You have a right to live your life without seeking his permission for most of this stuff.

Going abroad you normally need both parents agreement anyway. Moving house is not his business though you may need a discuss around jurisdiction for example if you are resident parent then you can't move the child out of xx distance from his contact.

The medical thing is weird if the child needs treatment then so be it.

You deff need your solicitor all over it, he is trying to continue his control over you.

stealthmama · 10/10/2020 08:09

How often do you expect him to see dc, you mention he lives away and lives every year?

Bentoforthehorde · 10/10/2020 08:21

The case is complicated, he was arrested for a child grooming offence, no charges brought in the end but the facts that lead to the arrest are not in dispute. Other behaviour showing he isn't capable of safeguarding the children (2 ks2 age) he had only begun unsupervised access the same month he was arrested. (they hid the arrest and investigation from me)
So I'm pushing for supervised contact only, if he has physical contact again. I set up weekly video calls, which is far more contact than they've ever had!

OP posts:
stealthmama · 10/10/2020 09:00

Yes supervised at best. If you are concerned for the children's safeguarding at all then make sure your solicitor is armed with all the information you have.

Ffsffsffsffsffs · 10/10/2020 09:14

Are you a flight risk OP? The holiday one is odd - I would counter with a residence order that allows you to take the kids on holiday abroad for up to 28 days a year without his permission. He cannot dictate to minutiae of your life.

You would have to have his permission for a name change anyway, no point forbidding it up front.

Unlikely for the medical one either - of course some treatments are in the 'improving way of life' rather than 'essential to life' catégories, but I'm certain that tonsillectomy (with all supporting evidence, they don't do them willy-nilly these days) would be given the green light.

Moving, if you are currently settled and have family and established friendships, is unlikely, but think he may stumble on this if he moves frequently himself - how far away is he currently?

Remember solicitors take instructions from their clients - he could request a letter demanding you may only leave the house on Tuesdays wearing red shoes and a rose up your bum - it doesn't mean he's got a chance of getting it at court. You have removed his control now, by taking some back for yourself, and he doesn't like it. Remember that.

Bentoforthehorde · 10/10/2020 12:15

My passport expired in the 90s I think 😂 not a flight risk.
He's an hour and half away right now, last year 40 min, year before he was 4 hrs, before that was 3hrs away. Seeing the kids is not a consideration for him when moving. His contact has always been sporadic and arranged by me or his mother. He doesn't drive, has always had the children and their belongings handed to him.
I'm not worried about the PSO's, it's strange to have a whole list of things that I have no intention of doing in there. I couldn't find info on it as all the PSO's seemed to be aimed at stopping someone actually doing something, not hypothetical situations.
Thank you 😊

OP posts:
Collaborate · 11/10/2020 17:06

A court is unlikely to entertain such an application unless it is founded on a genuine risk of these things happening. If there's no reason for him to fear you'd do these things I'd expect the judge to dismiss his applications for PSOs. I presume he's representing himself?

Bentoforthehorde · 11/10/2020 18:57

I think he is representing himself, is that the norm?
On the forms under solicitor details it asks if a solicitor is asking for you and says no.

OP posts:
Bentoforthehorde · 11/10/2020 18:59

*acting not asking

OP posts:
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