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Legal matters

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Looking for advice re changing a child arrangement court order

5 replies

motheroreily · 02/10/2021 16:35

Hello I was hoping for some advice. I have a court order we says my child lives with me and my ex 50/50.
However he's been having mental health episodes for about 6 months. During this time he's taken 2 overdoses (not when our child is present). Up till now he's always called me when he starts to feel a decline and I'll collect our child and we've agreed his wife needs to be there for contact.
On Friday our child text me to ask me to collect her because him and his wife were arguing. I should say my ex also called me and asked me to collect her so he was sticking to our agreement. However I feel like this latest incident is more serious.
I waited outside and then as I drove away I could hear his wife screaming and it looked like they were tussling. My child was very distressed and worried about his wife being hurt and being on her own with him. So I called the police.
Today he called me wanting to speak to our child and I said perhaps later. He said if I don't let them to speak to him "they'll regret it". I then found out he had taken another overdose.
I want to change the court order. But I don't understand the process and can't find any information about this. Will the court get reports from the doctor and CAFCAS? Do I need to document everything? Do I need a solicitor or can I do it myself?
I think for now any contact needs to be supervised and he can't call her unless supervised. As he previously called her after taking an overdose as well as wanting to speak to her today.
Thanks so much for reading this.

OP posts:
Collaborate · 02/10/2021 19:08

If I were you I’d hang on to your child and stop the shared care. Get an application in to court on Monday using form C100 applying for a variation of the existing order. Ask for an urgent hearing.

If you do all of that you will not be criticised for breaching the order. You have good reason to.

motheroreily · 02/10/2021 22:02

Thank you. I haven't heard from him today and I don't think he'll ask to see her. She hasn't stayed over night since the first incident and we haven't been doing 50/50. But I'll tell school to not let him collect her and I'll contact the court on Monday.

OP posts:
Collaborate · 02/10/2021 23:30

Make it clear to the school there are safeguarding issues, but without the court order being changed they couldn’t stop him picking her up.

You can issue the application online over the weekend. No need to wait until Monday.

MrsBertBibby · 03/10/2021 17:03

I'd also ask the court to make a Prohibited Steps Order preventing him from removing him from your care, or third party care, without your consent or permission from the Court.

The school can't stop him taking her. He has PR although at her age I imagine she would be hard for him to compel her.

PotteringAlong · 03/10/2021 17:05

But I'll tell school to not let him collect her

He had parental responsibility. The school have no ability to refuse to hand her over to him.

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