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re-establishing interim contact - advice please
#1
Hi there,

I am about 9 months through this horrible business, and just now beginning to be able to think clearly and breathe again.

Just as very brief background before I get to my question:

Since November, my wife has

- obtained an undertaking including a gagging order, and effectively a super-injunction where I cannot even ask anyone to ask her anything, or talk about the fact there is such an undertaking in place!!

- obtained a prohibited steps order preventing me from taking away the kids from anyone responsible for them


- constructively denied all direct access to our kids, save for a period in April and May when I had some supervised access

- had me arrested 3 times, with total of 22 hours spent in a cell, all resulting in no charges, and all bail conditions lifted before the bail ended.

She has done this all based on an original claim of financial abuse (no other abuse), with no details given. There is no financial abuse really because she is a full-time worker, earns very nearly as much as me, and has her own bank account, and always has done ... and we have a fully paid-off mortgage.

To the question:
I presently have no direct contact (including even skype or phone). The last court order does not stop contact and contact was 6 hours/week from a previous order (following CAFCASS recommendations). But the recital on the last order says that the parties agree to writing of letters. I agree to writing of letters, but that does not mean I want supervised contact stopped. I did however indicate to the court at some point that financially I could not continue paying £1200/month for contact, and asked for a break from that.

I am now able to pay for supervised contact again but my wife does not respond when I ask for it via her solicitors.

QUESTION
I have a final arrangement hearing in 3 months' time. Will it look bad to the Court if I DON'T insist on direct contact now, e.g. by putting an application on? Or will it look worse/delay things if I do?

I can last 3 further months without seeing the kids - it allows me to reconstruct many things in my life that now need reconstructing - although I would much rather I did have the contact to keep things going with them. My concern is what is best to do if I want contact reinstated in the final arrangements hearing.

Many thanks for your views!!! (The Judge really does appear entirely against me, but that is another matter)

devoted-dad
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#2
Hi,

Why are you in a supervised environment with your children if your current contact order says 6 hours/week?

You don't want supervised contact to continue and I am not sure why you are in such a position in the first place unless the court has changed this based on the allegations to supervised contact.

What are the applications before the court in 3 months time?

If no one has applied to have the contact terms to be looked at the court is unlikely to deal with that.

You have two options the way I see things:

1. File for enforcement of your current order to have the 6 hours per week unsupervised.

2. File for a variation of your current order and specify what contact you would like.


I have a feeling that the court is going to be reluctant to change or improve your current order since even this seems not to work and I would think you would need to enforce your current order to start with.

Are you represented?

F.
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#3
If this produces no action, and/or your ex refuses to attend mediation, then you have no alternative but to go to court and ask for an Interim Contact Order tubemate app
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