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Legal matters

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

I’m not sure what the order is that’s here but wondered if it would apply to me?

7 replies

NowThePettyIsaffectingme · 02/03/2022 13:05

Basically I share DD aged 7 with ExH.

His parents where he has contact with DD EOWend live on the same street as a Family Member of mine (FM).

FM and Ex-ILs had a bit of an argument at the end of 2021, and Ex-ILs got an order to stop my FM coming anywhere near them or their property.

ExH has told me today and his and DDs name are also included, so technically FM cannot go anywhere near my DD.

Problem is I rely on FM for childcare (Ex-ILs know this) so I have to know if it applies to DD when she’s with me, because if it does then I’m stuck and have no childcare, so cannot work.

For context I do know what the falling out was about but it all seemed a bit petty on both sides. There was a bit of swearing and name calling, including in front of DD when she was with ExH at her grandparents and when she was with FM - DD is actually the main cause of the argument as ExH and I have a CAO, he’s allowed to leave DD with them during his time but they think if she’s not with me or school she should be with them whereas I disagree as does FM but they’ve also falling out over parking. FM also has children who ILs have shouted at and asked them about DD, who were very confused.

I cannot stop contact with ExH due to a CAO.

So do I have to keep DD away from my FM?

OP posts:
Collaborate · 02/03/2022 13:22

No one who hasn't seen the order can answer this. Presumably you've asked FM before posting here. What did they say? Have they shown you the order?

NowThePettyIsaffectingme · 02/03/2022 13:23

@Collaborate

No one who hasn't seen the order can answer this. Presumably you've asked FM before posting here. What did they say? Have they shown you the order?
@Collaborate I've asked both ExH and FM for a copy of the order, but I'm worried it may apply to DD, and thats why they've done it.
OP posts:
Lou98 · 02/03/2022 13:25

What does the order actually say? Did you get a copy of it at all if it applies to your DD aswell or have you seen it?

If you don't have a copy, I would ask for one and have a solicitor look over it.

It could mean that they're not allowed near your DD while she's at the IL's or it could be all the time but without seeing the order nobody would be able to tell you

NowThePettyIsaffectingme · 02/03/2022 13:33

@Lou98

What does the order actually say? Did you get a copy of it at all if it applies to your DD aswell or have you seen it?

If you don't have a copy, I would ask for one and have a solicitor look over it.

It could mean that they're not allowed near your DD while she's at the IL's or it could be all the time but without seeing the order nobody would be able to tell you

@Lou98 ExH has sent me a photo of his copy, it's an S5 Order (restraining maybe?)

Says that:

"(FM name) and any persons who lives with him at (Address) must not approach, talk to, discuss on public social media or communicate in anyway with:

(Ex-MIL), (Ex-FIL), (ExH), (Ex-SIL), (Ex-Sils DH), (DD) or any visitor to their household for a period of 3 years.

(FMs name) must also not enter (Ex-ILs address) or any part of their property, including vechicles for a period of 3 years)"

I can't let FM near DD can I? FFS

OP posts:
Pixiedust1234 · 02/03/2022 13:43

Get your solicitor involved immediately and explain that FM does childcare so you can work. It might be worded that dd is only covered when residing at inlaws address or under their care. Only somebody involved in family law would know for certain.

Why the hell didn't your FM keep you informed of the court action so you could explain to a judge you relied on them for care? You should not have been kept out of the loop.

NowThePettyIsaffectingme · 02/03/2022 13:51

@Pixiedust1234

Get your solicitor involved immediately and explain that FM does childcare so you can work. It might be worded that dd is only covered when residing at inlaws address or under their care. Only somebody involved in family law would know for certain.

Why the hell didn't your FM keep you informed of the court action so you could explain to a judge you relied on them for care? You should not have been kept out of the loop.

@Pixiedust1234 Fm does that burys head in sand and thinks it'll all be ok, my parent whose also related to FM didn't know either.
OP posts:
Lou98 · 02/03/2022 14:05

@NowThePettyIsaffectingme I would take the photo of the order to a solicitor for legal advice to be sure.

Hopefully it will be a case of it only applies when she is with the IL's but you'd be better finding out where you stand legally so that your ex doesn't have a leg to stand on if he tries to say you're in breach sending your DD there

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