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Court Order - Continuous Failure to Comply
#1
Court order granted on December 2017 for overnight access of both my kids. Ex failed to comply. 

Order adjusted Feb 2018 to pick kids up from school, ex partner failed to comply still appearing at School and the School don't need to comply with the court order so hand children to mother. 

Got to the stage I am now representing myself in court after 3 previous lawyers failed to raise any motion for contempt. How do I raise a motion for contempt myself is what I'm really here for.

Scottish Legal System.
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#2
you need to speak to school, they should assist you with picking up children. any decent school would. your order needs to say pick up from school with NO TIME stated which means you have as much rights as ex partner to pick kids up. also u need to have a word with headmaster and say mum shouldnt be their on your days and take the court order in and show them. surely if they are not helping you will be able to complain to a governing body.

Once school knows thats going on and you explained to them calmly whats going on it makes it harder for ex to muck you about. headmaster then could have a word with mum to advise her she shouldnt be showing and they have a court order to adhere too

let them take a photocopy of court order as well so they can refer to it
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#3
The stance I have from the School is that the court order is not for them to adhere too. Parents are asked who is picking the kids up that day and they wont be released to anyone else. (Current system for P1-P3).

I contacted the police regarding information about me simply going to take my children from the teachers but that would have ended up with me in a cell for the standard breach of a peace bullshit. I also asked them about taking his hand of his mother but that would constitute assault.
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#4
Uhmmm. I had a similar thing recently (in England). Mother getting to school before me on my day(s) just to spite me/flex her control muscles! Headmaster basically said school wouldn't/couldn't stop either parent removing child from school. After talking to Headmaster, showing him contact order and him agreeing that he had no issues with me collecting, I asked what happens if this continues, especially as child is being removed early from school plus there was the potential of 'a scene' at the school. He advised that he hoped this wouldn't happen and if mum collecting early was ongoing and risked affecting my son's eduction (which clearly it would), matter would be escalated - presumably to some higher eduction body or child services.

Luckily he contacted the mother and told her to sort the situation out and presumably advised of the consequences if she didn't. I guess the call and threat of escalation made her think twice about her actions (as she was clearly in the wrong).

Good luck sorting it.
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#5
if mum keeps removing late its classed as unauthorised absences which if your children are at a decent school gets escalated and mum gets into trouble and also looks really bad. some schools are rubbish and do nothing for dads and let mums do what they want
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#6
Well seems my son attends a shit school. 5 fridays non attendance and 3 fridays so far he has been removed early.

Head teacher is taking mothers side. Education board are really shitting themselves due to head teachers actions. Hopefully shes sacked. Was also arrested and realisesd for taking my son from the teacher as stated in my court order.

This is getting really messed up and what I need is someone with common sense. What ever happened to the best interests of a child? Doe anyone else feel throughout this process no one actually gives a duck about the children?
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#7
(11-11-2018, 08:59 AM)Uhmmm Wrote: Well seems my son attends a shit school. 5 fridays non attendance and 3 fridays so far he has been removed early.

Head teacher is taking mothers side. Education board are really shitting themselves due to head teachers actions. Hopefully shes sacked. Was also arrested and realisesd for taking my son from the teacher as stated in my court order.

This is getting really messed up and what I need is someone with common sense. What ever happened to the best interests of a child? Doe anyone else feel throughout this process no one actually gives a duck about the children?

As the child is in Scotland, you might be able to get legal aid for this.

Contact your local CAB, who will arrange a free 30 min chat with someone local, who will advise you on funding, if they can take it on. Either way, you will get some free advise if you need to do it yourself.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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