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Harassment Threat
#1
Hello everyone,

Not sure if anyone can give me any advice either through experience or legal advice they have been given.

I have young children and rely on their mother answering the telephone so I can speak with them, however on two occasions I have called the police to do a welfare check after despite calling everyday up to 8x per day, for over a week and nearly two weeks the phone and the phone wasn't answered, as I am obviously worried for their welfare and I live too far away just to pop round and check.

The first time I did this I was able to speak to my children the next day and the ex never mentioned the Police call, the second time I did this again the phone was answered the next day but the ex was livid and said if I call the police again she will charge me with harassment.

Does anyone know if she can do this?, or if I shouldn't really have done this?

Many thanks
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#2
(12-23-2016, 09:34 PM)NewHill123 Wrote: Hello everyone,

Not sure if anyone can give me any advice either through experience or legal advice they have been given.

I have young children and rely on their mother answering the telephone so I can speak with them, however on two occasions I have called the police to do a welfare check after despite calling everyday up to 8x per day, for over a week and nearly two weeks the phone and the phone wasn't answered, as I am obviously worried for their welfare and I live too far away just to pop round and check.

The first time I did this I was able to speak to my children the next day and the ex never mentioned the Police call, the second time I did this again the phone was answered the next day but the ex was livid and said if I call the police again she will charge me with harassment.

Does anyone know if she can do this?, or if I shouldn't really have done this?

Many thanks

If she brought this in a None Molestation, she would have to prove Intent to cause harassment or distress. It would be up to a Judge to decide if you have grounds for the call.

How are your arrangements in place? (Verbal agreement, Formal Agreement, Mediation or Court Order).
Indirect contact can form part of a Child Arrangements Order, what can be then enforced, however, you need Mediation before you get the right to apply to court, unless you are exempt.

In terms of contact, if your looking at this, I see the children are young. Up to 2, you should expect along the lines of 4-6 hours, what might be over 1 or 2 days (if you ask for it).  From 2, Every other weekend is often the starting point, due to the child's right to Quality Time with both parents. Mid week visits/stay overs can make it more like shared care. Even in typical contact, you will get up to half school holidays if you ask, what is 6.5 weeks. If you work, a 4 week plan is 1 week at Easter and Christmas, and 2 weeks in the summer (as well as a normal weekend).

Contact is based on the None Resident Parents availability's, the residents preferred days and times do not come into this. In my own case, I had a 4 week rolling rota, to match my work timetable.
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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#3
Many thanks for your reply.

All the children are young between 3 and 6, there is no contact order in place I just call on the days and times the ex has said in an email, I have called the Police twice one after not being able to get hold of them on the telephone for 10 days and the later after 7 days that is despite calling everyday for up to 6 calls each one going unanswered for 2 minutes, so my reason for calling is that I am worried whether they are OK, I live too far away just to pop round to check and I know no one nearby I can ask to do this so I felt the Police call was my only recourse on these occasions.

in your opinion do you see that me calling the Police could be classed as harassment?
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#4
(12-24-2016, 05:05 PM)NewHill123 Wrote: Many thanks for your reply.

All the children are young between 3 and 6,  there is no contact order in place I just call on the days and times the ex has said in an email, I have called the Police twice one after not being able to get hold of them on the telephone for 10 days and the later after 7 days that is despite calling everyday for up to 6 calls each one going unanswered for 2 minutes, so my reason for calling is that I am worried whether they are OK, I live too far away just to pop round to check and I know no one nearby I can ask to do this so I felt the Police call was my only recourse on these occasions.

in your opinion do you see that me calling the Police could be classed as harassment?

If she brings it in a None Molestation Application, she needs to prove intent to cause harassment or intimidation.
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
#5
Thanks, for the advice and I called the police on both occasions out of genuine concern for the welfare of my children, due to not having contact with them for a prolonged period, and hence I feel I was more than justified in taking the action I did, I think she would find it difficult to suggest to a court that I did this merely to harass her, although I suppose she could try. I did email her solicitor to explain what I had done on both occasions too.
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