Hey - totally agree glasshalffull. Follow the orders. Only deviate if it suit you. Infact, I refuse to ask for a deviation or agree to a deviation for the first 2 yrs. I wasn't gonna give an inch so she couldn't take a mile...
Recovery Order?
- Thread starter JadeGoldCoast
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Thanks for your advice everyone. We are similar in that we do not request any deviations and neither does the mother currently. We generally have a problem with the mother misinterpreting the orders if anything.
My partner had his interim hearing yesterday and it went much better than expected. The judge could not understand why the mother was refusing contact with the child. The hearing was mainly targeted at her. She made the mistake of referring to a text message she sent my partner about giving the child the option to take prescribed medication, and it all kind of went down hill for her then. Once the judge finally asked why my partner had requested new orders, and my partners pointed the judge to the child's school attendance records (stating that the child had missed 71 full days of school since 26th May last year), he got really serious and kept saying to the mother that he was really concerned.
He has reinstated our shared care orders and ordered the mum to take the child to school.
He gave both parents the option of shared care for now until more investigations could be done. Because the mother refused the judge has reserved his judgement to a date to be advised. He told us he would go through all the evidence submitted in both parents affidavits and contact us hopefully within two weeks with his decision.
This did not happen last time, we were always notified of the outcome on the day. I hope this may be a good sign he is considering our interim request of 11days per fortnight, but at the moment, were just happy to finally see the little one again and return to some kind of normality!!
My partner had his interim hearing yesterday and it went much better than expected. The judge could not understand why the mother was refusing contact with the child. The hearing was mainly targeted at her. She made the mistake of referring to a text message she sent my partner about giving the child the option to take prescribed medication, and it all kind of went down hill for her then. Once the judge finally asked why my partner had requested new orders, and my partners pointed the judge to the child's school attendance records (stating that the child had missed 71 full days of school since 26th May last year), he got really serious and kept saying to the mother that he was really concerned.
He has reinstated our shared care orders and ordered the mum to take the child to school.
He gave both parents the option of shared care for now until more investigations could be done. Because the mother refused the judge has reserved his judgement to a date to be advised. He told us he would go through all the evidence submitted in both parents affidavits and contact us hopefully within two weeks with his decision.
This did not happen last time, we were always notified of the outcome on the day. I hope this may be a good sign he is considering our interim request of 11days per fortnight, but at the moment, were just happy to finally see the little one again and return to some kind of normality!!
Well, that was short lived. Mother was ordered to facilitate the child spending 5 hours with the father today for his birthday. Mother attended the change over location and did not get the child out of the car. Stated the child didn't want to. Child is 7 and the judge has expressed concerns that she is allowing child to make his own decisions.
It seems the child is happy to spend time with us when at school change over, but has problems when with his mother. Although to be honest, we couldn't see the child and couldn't speak to him, so not sure he was there.
Will be interesting to see if the child is allowed to come into our care on Friday as per shared care orders. If not, how does a judge make orders when a mother will not follow them?
It seems the child is happy to spend time with us when at school change over, but has problems when with his mother. Although to be honest, we couldn't see the child and couldn't speak to him, so not sure he was there.
Will be interesting to see if the child is allowed to come into our care on Friday as per shared care orders. If not, how does a judge make orders when a mother will not follow them?
At the very end of the day, the judge could make orders for the police to go and get the child and take him to your care. If that was the case it would be likely that there would be no contact with the mother for a period of time followed by supervised contact.
They would be last resort orders though as it would be very traumatising for the child.
If it was me I would be paying for some legal advice as to whether it was possible to get another affidavit before the judge while he considers interim orders. I would want the judge to know that the mother had contravened the orders at the first opportunity.
Is the child in school at the moment or are you in lockdown?
They would be last resort orders though as it would be very traumatising for the child.
If it was me I would be paying for some legal advice as to whether it was possible to get another affidavit before the judge while he considers interim orders. I would want the judge to know that the mother had contravened the orders at the first opportunity.
Is the child in school at the moment or are you in lockdown?
Hi Immismum, we already planned to file a really short affidavit in the next couple of days to provide evidence to things the mother lied to the judge about in court. E.g. she said the father was refusing to facilitate therapy for the child, yet we have text correspondence of us notifying and updating the mother about his psychology appointments and her saying she isn't interested in attending and to stop contacting her.
We will see what happens on Friday and add into the affidavit a short account of what happened at change over and a copy of my partners and mothers messages. The mother is of the assumption that she has followed the orders by taking the child to the train station, even though she didn't get him out of the car. I'm not sure the judge will agree.
We will see what happens on Friday and add into the affidavit a short account of what happened at change over and a copy of my partners and mothers messages. The mother is of the assumption that she has followed the orders by taking the child to the train station, even though she didn't get him out of the car. I'm not sure the judge will agree.
Sorry, forgot to add that we are in lock down, so can't collect the child from school on Friday.
I am wondering if the mum is just being cruel on my partners birthday and will facilitate time on Friday, knowing the judge won't be so bothered about the 5 hours.
Time will tell I guess. We are definitely prepared for full care if the judge thinks that's best. It's just a shame the orders can't just be followed for the child's sake.
Time will tell I guess. We are definitely prepared for full care if the judge thinks that's best. It's just a shame the orders can't just be followed for the child's sake.
We did not. Same act. Mum walked from her (parents heavily tinted car) and said child didn't want to come. My partner asked her to speak to the child. She walked back to the car and back to my partner and said child didn't want to speak. Couldn't see or hear child.
We've prepared an affidavit to sign and upload today. Outlines the failure to follow orders and the main points mum lied about in court (father refusing psychology treatment for child, mother saying child is an extremely sick child and that's why he doesn't go to school, mum refusing to toilet train child).
We've prepared an affidavit to sign and upload today. Outlines the failure to follow orders and the main points mum lied about in court (father refusing psychology treatment for child, mother saying child is an extremely sick child and that's why he doesn't go to school, mum refusing to toilet train child).