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legal advice
#1
Hi,

I have a problem regarding my son.

I have just had him this weekend for the first time in 5 weeks. His mother broke the court order we had set in place and stopped him from coming to see me because I changed jobs and had to work a month in hand so couldn't afford to make the maintenance payment.
He got into my car on Friday and burst out crying saying he'd missed so much and his mother had told him he wasn't allowed to come and see me because I hadn't gave her the money. He hasn't left my side all weekend and all today has become more and more anxious the closer its got to him being returned to his mothers. He keeps saying to me he doesn't want to go back home because his mother will stop him from coming again.
This is the main reason I took her to court in the first place. She kept stopping and starting his contact if I wouldn't give her money. He is 5, 6 on Friday. To young to be dealing with stuff like this as I explained to the judge in the last hearing. The order states I have to pick him up from her mothers on a Friday and drop him back on a Sunday evening, because I never paid the money last month her mother went to the police and got a harassment warning against her for absolutely nothing. I have an ongoing complaint against the police over this matter. This meant I had to pick my son up from his mothers (which the court order doesn't state). All in all the court order has been broken left, right and centre. It is now not sufficient for my sons needs. I have been in contact with the court and they have told me there not going to have a new hearing even though I got back to them within the 7 day period stated on the order.

I also sent a Warning letter to her letting her know that I was going to issue an Enforcement order. She posted on FB laughing at it and mocking me about not seeing my son on his birthday.

I am going to keep my son tonight as she is continuously not putting his needs first. He has the not been the same this weekend and her actions are emotionally harming him. 

Any advice on how to approach this would be great.

Cheers

Carl
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#2
(05-08-2016, 03:16 PM)carlfoulkes Wrote: Hi,

I have a problem regarding my son.

I have just had him this weekend for the first time in 5 weeks. His mother broke the court order we had set in place and stopped him from coming to see me because I changed jobs and had to work a month in hand so couldn't afford to make the maintenance payment.
He got into my car on Friday and burst out crying saying he'd missed so much and his mother had told him he wasn't allowed to come and see me because I hadn't gave her the money. He hasn't left my side all weekend and all today has become more and more anxious the closer its got to him being returned to his mothers. He keeps saying to me he doesn't want to go back home because his mother will stop him from coming again.
This is the main reason I took her to court in the first place. She kept stopping and starting his contact if I wouldn't give her money. He is 5, 6 on Friday. To young to be dealing with stuff like this as I explained to the judge in the last hearing. The order states I have to pick him up from her mothers on a Friday and drop him back on a Sunday evening, because I never paid the money last month her mother went to the police and got a harassment warning against her for absolutely nothing. I have an ongoing complaint against the police over this matter. This meant I had to pick my son up from his mothers (which the court order doesn't state). All in all the court order has been broken left, right and centre. It is now not sufficient for my sons needs. I have been in contact with the court and they have told me there not going to have a new hearing even though I got back to them within the 7 day period stated on the order.

I also sent a Warning letter to her letting her know that I was going to issue an Enforcement order. She posted on FB laughing at it and mocking me about not seeing my son on his birthday.

I am going to keep my son tonight as she is continuously not putting his needs first. He has the not been the same this weekend and her actions are emotionally harming him. 

Any advice on how to approach this would be great.

Cheers

Carl

Screen Print the Facebook in case it gets taken down.

Apply to the courts, for an Application for Enforecment.

State all her actions what broke the court order, including the fact she did not let him go because of a Child Support Issue.

In law, the status of Child Support is not in any way related to any Child Arrangments Order.

The fact is that as the Resident Parent, for the missed weeks she would of been getting what benefits she can, and the Child Support is not counted as income for them, so in the eyes of the law she had what was needed.

She could try to take formal action on setting up child support, but part of your defence I am sure will be the change in jobs. Until the take home wage is known, there is no way of working out what should of been paid.

As your posted subject is "Legal Advise", I need to point out that most on here including myself are not Soliciters. We all know how to go about things due to our own cases. We are just advising based on our understanding of how things work.
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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