What happens if she doesn't attend court?

[Mabinogion]

Hello

This is my first post on this site which seems full of good advice and very helpful so hope someone can help out having gone through a similar situation.

My Grandson has just made an application for a contact order to see his 2 year old son. He and his partner split up just over 9 months ago and he hasn't seen his little boy since July this year. His partner refuses point blank for any of our family to see the little one and has put all sorts of obstacles in his way.

We all live just a few streets away from each other which seems worse as my Grandson walks past his little boys house but she won't budge in letting any of us see the little one. She never had a very good upbringing herself and is very jealous of our family as we are all very loving and close knit which her family isn't. We have all tried very hard to include her in all sorts of family events but she always made things awkward and wouldn't join in and causing lots of arguments.

His solicitor made arrangement for him to go to see a Mediation officer which he did fulfil but she ignored this invitation as well. His solicitor has given her the opportunity to resume contact or visits but she has ignored everything. So yesterday my Grandson made an application to the courts for a contact order having tried everything else first and was told that this would take about 6 weeks.

We are all on tenterhooks now because knowing what his ex partner is like having refused everything else ~ 'what happens if she ignores the date of the hearing in the courts?' She will try everything in the book to delay things and stop us seeing the little one. So what happens if she does nothing making things take more time.

Any advice please would be gratefully appreciated.

Thank you.
'Worried Granny'

[strong123]

Re: What happens if she doesn't attend court?

Hello

This is my first post on this site which seems full of good advice and very helpful so hope someone can help out having gone through a similar situation.

My Grandson has just made an application for a contact order to see his 2 year old son. He and his partner split up just over 9 months ago and he hasn't seen his little boy since July this year. His partner refuses point blank for any of our family to see the little one and has put all sorts of obstacles in his way.

We all live just a few streets away from each other which seems worse as my Grandson walks past his little boys house but she won't budge in letting any of us see the little one. She never had a very good upbringing herself and is very jealous of our family as we are all very loving and close knit which her family isn't. We have all tried very hard to include her in all sorts of family events but she always made things awkward and wouldn't join in and causing lots of arguments.

His solicitor made arrangement for him to go to see a Mediation officer which he did fulfil but she ignored this invitation as well. His solicitor has given her the opportunity to resume contact or visits but she has ignored everything. So yesterday my Grandson made an application to the courts for a contact order having tried everything else first and was told that this would take about 6 weeks.

We are all on tenterhooks now because knowing what his ex partner is like having refused everything else ~ 'what happens if she ignores the date of the hearing in the courts?' She will try everything in the book to delay things and stop us seeing the little one. So what happens if she does nothing making things take more time.

Any advice please would be gratefully appreciated.

Thank you.
'Worried Granny'

Hi and welcome!

[strong123]

Re: What happens if she doesn't attend court?

I'm no legal expert but watched my brother go through this some years ago so can only go by experience. But there are many here who will be able to advise and have more knowledge.

Firstly, if the court summons her for a contact hearing then I don't believe she can refuse or just not turn up unless she had an extremely valid reason.

She may well try but the court will not tolerate it.

Secondly, the judge will always do what they feel is in the best interest of the child so unless there is a genuine concern as to why your grandson should not have contact/access they will always put a plan in place that suits both parents.

Having said that, she could make it difficult after (this happened to my brother and he had to go back to court twice) by saying for instance, child is unwell, doesn't want to go etc. Or just not responding/answering calls.

But as I said if this where to happen, back to court. Again a judge will only tolerate this for a short while. Something similar happened to my friend and she said she would hold her ex in contempt if she where to see him there again. (Please note circumstances slightly different as friends ex wasn't playing ball when handing child back)

Try not to worry to much, nobody likes to see a child being used as a pawn, including a judge.

[bluebottle]

Re: What happens if she doesn't attend court?

I'm no legal expert but watched my brother go through this some years ago so can only go by experience. But there are many here who will be able to advise and have more knowledge.

Firstly, if the court summons her for a contact hearing then I don't believe she can refuse or just not turn up unless she had an extremely valid reason.

She may well try but the court will not tolerate it.

Secondly, the judge will always do what they feel is in the best interest of the child so unless there is a genuine concern as to why your grandson should not have contact/access they will always put a plan in place that suits both parents.

Having said that, she could make it difficult after (this happened to my brother and he had to go back to court twice) by saying for instance, child is unwell, doesn't want to go etc. Or just not responding/answering calls.

But as I said if this where to happen, back to court. Again a judge will only tolerate this for a short while. Something similar happened to my friend and she said she would hold her ex in contempt if she where to see him there again. (Please note circumstances slightly different as friends ex wasn't playing ball when handing child back)

Try not to worry to much, nobody likes to see a child being used as a pawn, including a judge.

I've fixed your post for you. You made a Freudian slip with your choice of words. As you quite rightly say, judges are less tolerant of parents in these cases who do everything possible to prevent access to children in a relationship that has broken down and many have gotten wise to the "unwell child" ploy. Try that one too many times and a judge can order the child to be examined by a doctor.

[enquirer]

Re: What happens if she doesn't attend court?

So what happens if she does nothing making things take more time.

These things take forever, so prepare for the long haul.

Refusing to co-operate with the court won't go down at all well. It'll take time, but gradually she will box herself in. In the meantime, remain calm - if your grandson loses his cool, you can be sure that she will pounce on it.

[charitynjw]

Re: What happens if she doesn't attend court?

I've fixed your post for you. You made a Freudian slip with your choice of words. As you quite rightly say, judges are less tolerant of parents in these cases who do everything possible to prevent access to children in a relationship that has broken down and many have gotten wise to the "unwell child" ploy. Try that one too many times and a judge can order the child to be examined by a doctor.

I though a Freudian Slip was when he went A over T on his iceberg!

[Inca]

Re: What happens if she doesn't attend court?

Hiya,
We have just been through exactly the same as you .
Your G/ son is doing all the right things,going through the courts,attending mediation,showing that he WANTS to be in his son's life He must go into court showing 'clean hands'..he has tried everything,he does not harass her so on and so forth.
It seems his solicitor knows his/her stuff too.which is also handy .
Your G/son HAS to make it crystal clear in court that his ONLY interest is seeing his child,,no hidden agendas,no 'bitching about Mum' etc..it's solely about a father wanting to be in his son's life and no Judge is likely to deny that (providing there's no back story of violence,threats etc)
The boy is not a pawn in the merry go round of Mum & Dad splitting up and your G/ son MUST keep it all about the boy.
Remember..whatever accusations she bandies about,,she too has to prove,,and if she lies and gets caught JudgeyDude won't like that.
The reason I know all this ? Just been there,just done that,,My OH's ex sounds similar to your G/sons,My OH took all the steps your son is taking and she reacted exactly the same........didn't attend mediation or court..and our Judge didn't take kindly to it and awarded in our favour
Btw.........is your G/son paying her regualar maintenance????
Good Luck x

[strong123]

Re: What happens if she doesn't attend court?

I've fixed your post for you. You made a Freudian slip with your choice of words. As you quite rightly say, judges are less tolerant of parents in these cases who do everything possible to prevent access to children in a relationship that has broken down and many have gotten wise to the "unwell child" ploy. Try that one too many times and a judge can order the child to be examined by a doctor.

Hahaha, OMG, embarrassing. In my defence it was very late!
Thank you.