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Witholding contact under interim order
#1
So daughter has been ill this last week, Ive taken a couple of days off to look after her, as has the ex. However this morning ex has text to say she is too ill to come but not ill enough to see doctor. This is the first time in her life that "daughters been too ill to come to me" Ive always looked after when ill and submitted proof of it to courts. We are currently under interim order and she should be with me at this time.
So what are my options? can I call police? do I have to suck it up and deal with in the final hearing in a few weeks?

Im most worried that inaction will set a precedence. Feel like I should send a clear message.
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#2
The problem is that the resident parent ie the mother can stop any or all contact regardless what the interim order states.
The sad reality is that its normally for the mothers that pull a fast one, stopping the contacts with either false allegations of dv or the child behaviour, routines becoming unsettled.

The courts in my experience have not really taken notice of what evidence you have as proof.

Again all depends on whom the child resides with. If its the dad then your more than likely been seen as alienating the child from the mother and on the flip side the mother will be seen protecting the child from harm etc.
Police wont get involve ,nor will social.

You can write a letter to your ex stating what's outlined on the order, and suggest that contact dates are maintained to ensure routine and stability. If a weekend contact is missed due to illness, suggest you see your child mid week. This will of cause be healthy to maintain the attachment to a already stable relationship with the child.

I hope it goes well at your final hearing.keep child focused .
What outcome are you expecting?

I am in court next week. I stopped contact due to welfare concerns . I had my final hearing last year and appealled and have a further final hearing date. So I'm curious to see what action the court will make with me not following the micky mouse Order that was previously made.
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#3
So I called the police and they of course wont do anything but have logged it. Ex will undoubtedly say Im intimidating her now.
Im going for lives with both but a 6/8 day split. Its not too dissimilar to the current situation but unfortunately the interim order does say she lives with mother.

Its been over two hours now and the longer it goes the more I dont think she will turn up. She is too stubborn to back down now.

Bear in mind that we live in the same road and I had her during the week when she was ill and she was definitely over the worst of it on Thursday when I had her.
Got a day of pacing around now.
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#4
In the same road? I see ur point.
If she lived miles out it could be sensible to keep the child at home and warm etc. But living in the same street makes no sense to why contact couldn't continue.
Do you have indirect contact on the days you don't see here .
If you don't get lived with then there is a problem with the system.
My order stated lives with...
It was a consent order to which I never consent too and being a resident parent at the time.

I will be eager to find out the outcome of your final hearing.

Do you have legal representation ?
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#5
Yes, solicitor and barrister. Statements are in and I have a strong case, Ive proved that I have daughter when sick and doctors visits so I know this is an act of desperation from ex.
Im pretty confident Ill get the time Im asking for as its just over night on two of the nights I already have her but solicitor says its a 50/50 chance of lives with order, will depend on the judge on the day I guess.
I dont have indirect contact as its never more than 2 days between having daughter, for now.
Nearly three hours now. Im starting to worry she will find a way to stop all contact until last hearing. Will be the longest 3 weeks of my life living in the same road.
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#6
Yes bud. Hang in there. I hate the feeling when my son was staying over one night with the ex only because there was concerns still remaining re welfare concerns.
Its a horrible feeling to have to not be able to see your own children

I feel sick when I withhold contact with the ex , the reason is I would not like to not be able to see my child. Makes one feel guilty. But the bottom.line is U am a parent ensuring that my son is not subject to being in a situation that may cause him harm. Not by the other parent or the court.

In cases where lies and unfounded allegations are made it is simply wrong to use the children as a means to getting what that parent wants.

The courts are simply useless. The judges rely on evidence and a barrister who can put across the rule of law. Cafcass are useless, but the judge relies on their non professional options.

I will be surprised if your ex pulls a fast one and not attend court. Delaying proceedings will mo doubt be in her favour
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#7
In the run up to the hearing these kind of things are very likely to happen. All you can do is hang in there and keep reminding yourself it's temporary and will be sorted soon. Son had a rubbish time after statements were exchanged - I hate to think what she said to him or whether she ended up taking it out on him or something. But - it will pass and be better soon.

As to what to do - be the reasonable one still. Send her a brief email asking what the result of the Doctor's visit was and what the diagnosis was,and you are concerned if daughter is too unwell to see you as it's only up the road.

It's all mind games - trying to get to you and distract you from being focused and prepared for the hearing. And she is probably like a caged animal at the moment trying to exert her control as long as she can if it may be taken away by the courts.

Good that you phoned the police as it's school holidays - did they go round? If not, call them again and ask them to go round and see if daughter is ok as you're worried under the current tense circumstances. It should give some reassurance.
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#8
So she turned up about 5pm, 7 hours late and the illness had mysteriously disappeared. Its worth noting that I had offered to change arrangements for mothers day and easter sunday, however I asked to change this weekend for my SPIP and she didnt reply so had to change it. I think she is just trying to cause me trouble. So anyway she text me the next day asking why I wasnt at handover. She laughably claimed I should have been handing daughter over. I asked her how she intended to make the 7 hours up but she didnt reply, so I just took daughter back at 5pm [the same time she came to me the day before] there was no drama.
On a side note I had three visists on my LinkedIn profile yesterday by her friends. I can guess what thats about, here comes the next criticism.
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