Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Enforcement hearing
My ex breached the order over school collections by pressurising son into travelling to her home and getting his stepdad to collect him when there was no school transport.  Applied to enforce the order but fell foul of a Cafcass officer.  Who just sided with ex and said if I didn't agree they would do a section 7 as it was conflict between parents (really?!! I thought it was a breach of a court order).  Ex really wanted a section 7 and to have son's wishes heard (you can guess why), so I withdrew the application rather than risk losing the shared care order.  Partly so son didn't go through months of alienation and litigation and partly because there wasn't much point as had a flakey Judge who said 11 year olds can do what they want.  Ex was furious she didn't get her section 7 report and demanded one, but I was allowed to withdraw my application so she didn't get a section 7.

My experience of this is - it needs to be a bigger breach and that if you're unlucky with Cafcass and a Judge and if you're child is 11 and over, it could be hard to enforce when the child is still coming as per the order.

The bigger picture is my parenting of my son is being undermined but you can't show any evidence at a first hearing. So I get shorter school nights now and as son travels to his Mother's house now it may lead to him not coming and ex saying he is doing something else. Will have to see how it goes.

If there are bigger breaches I may apply for variation next time instead. The only positive is I eventually got Cafcass officer to see that ex planned to breach again over a week-end saying son didn't want to come. Was told it hasn't happened yet so they can't do anything about that, but Cafcass officer gave her a roasting. Which she will ignore of course. The only other positive is son won't go through a load of brainwashing in preparation for a wishes and feelings report. And he is dead keen to keep coming and is getting older.

Kind of leaves me in a situation where she knows she can get away with some things. She wants a section 7 to get residency back based on son's wishes and feelings report.

If it could have got past Cafcass it would have been fairly easy to argue she was undermining son's home life and relationship with me by shaving off a bit more time, interfering and preventing me having that moment of seeing son off to school in the morning. So I now have to take him to and from his Mother's house. While Stepdad picks him up from school. Cafcass officer was hostile and dismissed that.

Seems Cafcass view of reducing conflict for the child is to give the Mother what she wants - but they don't seem to get the bigger picture of what an ex is up to.

Users browsing this thread: 1 Guest(s)