Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
mother has texted to say my 9yr old children do not want to stay with me this weekend
#1
I have a court order that includes that my 9yr old twin stay with me at weekends.
This has been in place for over 2 years.

My ex wife has texted me to say she will collect my children from school because my children will not be staying with me this weekend as they did not have a nice time the previous weekend.

I am trying to find out why they did not enjoy the previous visit. They appeared to be happy, as they always do when they are with me. Each week I have a set call on a Thursday to speak to them, but last night the phone was not answered despite several attempts at the agreed time.

I would be grateful for any guidance.
Reply
#2
get the court forms for enforcement of the order in today!
form c79
Reply
#3
I didn't make it clear in previous post that they stay with me alternate weekends.
Reply
#4
If its your contact time and its been established for 2 years... shes' no right to restrict it. Enforce it. She should be encouraging them to spend time with you

And as for 9 year olds not enjoying stuff... yeah, right... homework, not being allowed on the ipad, TV going off when we eating, vegatables... that's a long list and none of it makes you a bad dad who shouldn't see his kids
Reply
#5
Hi,

I can't take from your post that your children have actually said that they would not like to come this weekend and it is rather your ex who is saying because the children did not had a nice time on the last contact they are not going again.

Either way it is highly unlawful to not bring the children to contact and I too would now seek legal action to enforce your order.

Ask your partner if she would also stop bringing the children to school if they had not a nice time there the previous day. And why on earth should it be expected from us to top each contact weekend with excitement for the children. Can a contact weekend not just be relaxed and normal too?

I will never understand such a mindset!

F.
Reply
#6
(12-09-2016, 12:04 PM)LTCDAD Wrote: If its your contact time and its been established for 2 years... shes' no right to restrict it. Enforce it. She should be encouraging them to spend time with you

And as for 9 year olds not enjoying stuff... yeah, right... homework, not being allowed on the ipad, TV going off when we eating, vegatables... that's a long list and none of it makes you a bad dad who shouldn't see his kids

Just to confirm this, legally she can not ignore a Court Order and withhold contact. Should she have any concerns, then she must apply to vary the order, and show a Judge she has "Significant" reason why it needs to be looked at again, and this must be since the order was made. Until a Hearing takes place, the Order stands, so you can put in a C79, application for enforcements.

In law the 9 year old view/opinion on things, if what she is saying is correct, has no legal bearing on it also. Until the child is 10, their "Wishes and Desires" do not come into it. If either parent wanted to change things once the child is old enough in law for their opinion to be considered, then they would have to bring an application to vary, and as part of that process, Cafcass or Social Services would see the child without either parent present, normally at school, and then do a report for the court.

What you do in your contact time is none of her business, unless it puts the child at risk, for example welfare or child protection issues. If she is questioning the child on what they do with you, put a call into Social Services, as this is Child Alienation, a form of abuse in law.
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.
Reply


Possibly Related Threads...
Thread Author Replies Views Last Post
  Ex having children stay at other peoples homes Tom_W88 5 5,938 04-17-2019, 07:58 AM
Last Post: Tom_W88



Users browsing this thread: 1 Guest(s)