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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Breaking part of family court order

9 replies

mrselizabethdarcy · 02/03/2023 15:15

Hi. My dp and his ex have a court order in place which deals with visits/access/handovers etc. They do handovers at a neutral place. Part of the court order states that his ex's current partner is NOT allowed to be at the handover or in the immediate vicinity. He is allowed to park around the corner but must be out of sight.

They keep breaking this part of the order. He is not a nice person and dp has had a LOT of trouble and hassle with him in the past (violence etc) is why him not being at the handovers was put into the order.

It's stressful and upsetting for dp and his dd and I was wondering if anyone had any experience when part of the court order had been broken ...what can he do about it ? If anything? And will it cost anything? He's tried to contact citizens advice but can't get through.

He had asked/reminded his ex that her partner Is not supposed to be there but they keep doing it.

Any advice would be welcome.

Thanks

OP posts:
Talon01 · 02/03/2023 15:36

Hi, can you get a non molestation order against this man. Sounds awful trying to intimidate your partner when he's going to pick up his daughter.

Generally though child court orders are there to be broken unfortunately.

AttilaTheMeerkat · 02/03/2023 15:55

He needs to contact a Solicitor re this matter and as soon as possible.

mrselizabethdarcy · 02/03/2023 16:32

Talon01 · 02/03/2023 15:36

Hi, can you get a non molestation order against this man. Sounds awful trying to intimidate your partner when he's going to pick up his daughter.

Generally though child court orders are there to be broken unfortunately.

I'm not sure what's involved in a non molestation order. I will have a Google now. Thank you !

OP posts:
mrselizabethdarcy · 02/03/2023 16:32

AttilaTheMeerkat · 02/03/2023 15:55

He needs to contact a Solicitor re this matter and as soon as possible.

I think he might end up having to. Thanks

OP posts:
Ardvark111 · 02/03/2023 18:02

His ex is just as guilty for not stopping this. As she is part of the problem and not the solution. Your partner can always film this guy presence on his mobile phone or have some1 with him as a witness. But he should keep dates of this guy being there at handovers

Ardvark111 · 02/03/2023 18:46

There is another option maybe get your partner arrange to meet in a cctv covered area. This can count as proof for police if necessary . Sadly as expensive as solicitor letters are average £50 they are not worth the paper they are written on. But if your partner can afford the sols letters it will be evidence if goes back to family court

Alpiniste · 02/03/2023 19:05

Is it possible that his ex is being abused by this man, and she is being coerced in this?

mathanxiety · 02/03/2023 19:36

Your DP needs to look into the background of this man.
It's very possible that he is abusing the ex.
What sort of home is the child being sent to?
Has the child ever made any comments about the partner?
Is the child exposed to violence, threats, controlling behaviour, or displays of rage? Whether directed at the child or the mother, it's not a suitable place for the child to be if this is the case.

Your DP needs photographic or cctv evidence that the man is there at hand overs.

He needs to go to a solicitor and take the matter to court. Don't bother with letters. He can file a motion alleging constant breach of the order and provide evidence. He can ask for hand overs at a contact centre instead of a Pizza Hut or wherever they currently take place.

But if this man is violent, the home needs to be investigated by social workers. DP should make an appointment to talk to the child's teacher, in confidence, to see if there are any concerns.

firstmummy2019 · 02/03/2023 20:23

It could well be that this man is not only abusive but jealous too. He probably won't let your step daughter' mum do the handover without him being there to keep an eye on things.

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