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Please help - mother of my child not not allowing proper contact

10 replies

Alfafalafel · 11/05/2020 19:54

Back in March, she said our child had a cough and a raised temperature so weekend contact didn’t happen as he had to isolate for 14 days. That was fine, no problem. After the 14 days were up, she then emailed to say child was better and that she had no intention of resuming contact because she was too worried child would risk carrying virus back to her and her partner (despite her and child already having a raised fever and a new continuous cough). I sent her Cafcass statement and Info published by solicitor firms saying contact should go ahead as stated in court order if safe and practical. She still refused. In the end I offered to vary our order temporarily, so she wouldn’t be in breach of order and to spare an argument (thinking it would be over in a few weeks) and I offered that if she installed Skype on our child’s device and Skype calls took place in lieu of direct contact then I’d agree to suspend normal order temporarily. She never confirmed the arrangement but then what happened was she would only let child Skype me on her own phone and would only allow skype alternated with normal telephone contact. (Even though child has a laptop and a tablet and full internet access in room). So e.g on Monday Skype was allowed, but on Thursday I only got a phone call.
I kept asking why she was being restrictive but she never answered. After 6 weeks had gone by without direct contact and with her going against what I had agreed to, I said we needed to go back to the court order because there’s nobody high risk and we only live ten minutes from each other so it is safe and practical.
She is saying she’s not going to allow direct contact and has now said she will allow all contact via Skype from now on. But I think for our child’s sake normal contact needs to resume because social restrictions will be in place for a long time and in my opinion it’s more harmful for or child to go much longer without direct contact when there’s no proper reason not to see me (no high risk persons, no symptoms, no public handovers, no public transport). What can I do? I miss seeing my child so much it hurts.

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Unravellingslowly · 11/05/2020 20:45

That sounds really tough. I trust you have kept all emails/texts for evidence?
I have no knowledge, I’m just bumping in the hope someone comes along who can offer advice.

Clemmieandareallybigbunfight · 11/05/2020 21:00

Get an armed and dangerous solicitor and stop engaging with her direct. She is playing silly buggers and your kid needs to see you. If you are ten minutes away that's all the more reason to go ahead. You've been reasonable, time to get assertive.

Alfafalafel · 11/05/2020 21:20

Yes got all the emails and texts, and I don’t think I can afford a good solicitor at the moment (or any solicitor!) I don’t qualify for free aid. I’ve been reading up on self representation but I’m very nervous about it and really hated court experience just to get the order in the first place. Do you know of any positive stories of someone going to court without using a solicitor?

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Starlightstarbright1 · 11/05/2020 23:07

Tbh in the absence of any reason , I would go back to court . It’s quite clear she needs to allow contact.

Light11 · 11/05/2020 23:17

That’s terrible, would suggest you exercise together down the nearest park as soon as possible given that this is allowed and there are no high risk persons in either household. Good luck

unicornsarereal72 · 12/05/2020 12:00

@Light11 they don't need to exercise at the park. He is allowed to see his daughter within his normal contact arrangement. Children are free to move from family home to non resident family

Light11 · 13/05/2020 11:18

Totally right, but having first hand experience of coparenting with an antagoniser sometimes it’s good to suggest somewhere in between before heading off to court.

Hope there has been improvement to your situation

Annamaria14 · 13/05/2020 21:39

Please stand up to her and fight for yourself.

Telephone her and insist on seeing your child. Tell her that as coronavirus restrictions are going on indefinitely, you will refuse to take this from her anymore.

Tell her that she must resume contact next week or you will take legal action.

Fight for it. Please

Wishforsnow · 13/05/2020 21:42

How old is the child? Is it possible they do not like Skype contact that is why a phone call was tried?

Alfafalafel · 14/05/2020 13:33

Thanks all for your responses.
Can not afford a solicitor at the moment so I’ve filled a form for enforcement myself (!) and sent to the local court.
I’ve insisted on proper contact and carried on supplying dates for contact like our court order says to and she keeps refusing and says Skype will take place instead. I can’t force her. Skype is better than nothing and better than telephone but there’s no reason real contact cannot happen.
@Wishforsnow child is 10, 11 in a couple months. Child likes using Skype and fully competent at using computers etc (in fact better than I!) it was the mother who was only allowing child to Skype sometimes and phone call “every other”. When I asked why she wouldn’t allow Skype on certain says she never answered me. Child has own laptop and own tablet at mums but is not allowed to use these to Skype me, was only allowed to use mums phone. Ever since I said we are returning to the court order, mum has now said she will allow Skype...but that’s not good enough, child deserves real contact as long as we are all safe (in my personal opinion safe means no long distance travel, no public handover, no frontline jobs and no high risk persons but I appreciate others will have different perspectives of covid safety) and following the rules.

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