Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Ex agreed contact and has now denied ALL contact for no reason
#1
Hello,

In May this year I was arrested for alleged common assault on my ex at our family home in the Midlands - My two boys, aged 2 & 4 were in bed at the time. I was charged and released on bail with conditions 1) Not to contact my ex except through a 3rd Party for child contact arrangements, 2) Not to contact her mother, 3) Not to enter the street of our home. The trial will be in late summer and my plea of not guilty has been entered. I have formally instructed and privately funded a solicitor for this.

Now, since my release, I have made numerous ad-hoc requests through a 3rd party for contact with my two boys - requests for telephone communication, overnight contact & non-overnight contact. Initially, she allowed me contact on Fathers day (non-overnight), a few telephone conversations (where she is in the background prompting) but would not allow overnight contact. Due to this denial of regular contact, I sought legal advice for the purpose of proposing regular contact arrangements going forward (I must note that I was advised that going through Mediation would be deemed in breach of my bail conditions as above). I instructed a Family solicitor to write a letter to my ex outlining my proposals going forward - The letter was written in a most amicable way and with very reasonable propositions for contact. My ex did not agree to my proposal and responded with a counter-proposal in which she stated that her proposal was 'non-negotiable'. We then wrote back in agreement 'without exception' to the arrangements in her counter proposal.
As I work Wed-Sat and my ex Mon-Wed the agreement covered overnight contact from Sunday (am) to Tuesday (pm) on alternate weekends, 'non' overnight contact on Mondays & Tuesdays in the intervening weeks, 1 weeks holiday in the UK over summer and telephone calls between 6-7pm every Tuesday & Thursday. 

The first overnight contact happened last week and the first telephone call was due to happen last night (Thu). At 6:30pm my mother made the call from her phone to my ex (as per my bail conditions). My ex answered by saying that the boys were in bed and that she has developed a new routine with them and it would be better to call in the mornings before 6:30am. My mother replied that we had made an agreement between 6-7pm to which my ex responded that as she is the 'Main Carer' it was not in the boys' best interests to speak to their dad before bedtime as they need to settle. My mother then replied that my ex was 'talking nonsense' and then hung up nervous and distressed. My ex followed this conversation up with a text message to my mother saying that she should not contact her again about anything and that I will be hearing from her solicitor - Hence implying that I am not going to be allowed by her any contact whatsoever in future as had been agreed. 

Both myself and my ex have full and equal parental responsibility for our children, we were not married but I am on the birth certificate and the boys have my surname. I understand that being a main carer (although not legally formalised in her favour yet) allows my ex to make decisions on our boys day to day lives without interference from me. I also understand that as I have PR then I make decisions without interference when they are in my contact. However, as it seems the agreed contact has now been denied I am a bit unsure where to go next as mediation is against my bail conditions so do I need to instruct my solicitor to make an application for a Child Arrangement Order or residency and what would be my chances of succeeding in such an application?
Reply


Possibly Related Threads...
Thread Author Replies Views Last Post
  Mother changing agreed contact arrangements Sadman2016 5 2,219 09-16-2020, 09:50 PM
Last Post: Charlie7000
  Constant changing of arrangement with no valid reason. TwinDad101 19 8,137 01-17-2020, 09:51 AM
Last Post: Charlie7000
  What sort of contact is acceptable or should be expected to be agreed? Akarou 4 3,557 03-10-2019, 06:34 PM
Last Post: Charlie7000
  Denied Child Contact. Allegations Domestic Abuse SM86 8 6,316 03-04-2018, 12:45 AM
Last Post: Charlie7000
  Denied Contact "Again" RD84 7 5,383 02-26-2018, 04:48 PM
Last Post: MarkR
  Positive contact to zero contact with daughter JayBe 7 7,549 11-19-2017, 05:28 PM
Last Post: JayBe
  Contact denied Readingram 4 4,788 05-18-2017, 07:39 PM
Last Post: Hazy



Users browsing this thread: 1 Guest(s)