how to deal with broken court order and provable lies in court application.

[Daddy dawson]

Without going into major details I had a child arrangement order in place with regards contact with my x partner and my three children.

I was arrested for affray 11-8-15 but should be cleared of all charges as have a witness who can testify to my version of events in which I was the victim.

This happened 11-8-15, the x has denied me contact since claiming the children are at risk of psychological harm if in my care. My eldest saw what happened and knows I was attacked and innocent told the x this but she refused to listen. she kicked him out of her house for refusing to give her his mobile phone and expected him to walk the 3 miles to my house.

The police have told her twice she should return the children to me in accordance with the order or be in breach of it.

I was thinking of enforcing the order but unsure of cost and how to do it and recent developments make me question if its the right thing to do or if there are other options.

She waited two weeks (was waiting to see if she could get legal aid first) then applied for an emergency preventative steps order to stop me taking the youngest two order and lied in the application, made up a fabricated account of why I was arrested, she had no knowledge of why I was arrested and told the court I assaulted the other person and was the aggressor. She also claims I've assaulted my 14yr old son, it never happened and he will testify to that.

All this was in an application to the court to vary/discharge the order and as far as I'm concerned provable as lies and contempt of the court.

I have very little money to fight this need to know what I can do please.

Time is an issue I'm in court this coming Thursday.

Thanks.

[Daddy dawson]

Re: how to deal with broken court order and provable lies in court application.

Sorry for duplication didn't think this had posted.......

[MissFM]

Re: how to deal with broken court order and provable lies in court application.

Hi Daddy dawson and welcome to LB,

The first thing I would do in your shoes is to get in touch with these people:

http://www.childrenslegalcentre.com/...aw_advice_line

lots of info & resources on the site and they have a free legal advice line:

0300 330 5480

Do you have a cafcass officer involved?

How old are the younger two children?

[Daddy dawson]

Re: how to deal with broken court order and provable lies in court application.

Hi Daddy dawson and welcome to LB,

The first thing I would do in your shoes is to get in touch with these people:

http://www.childrenslegalcentre.com/...aw_advice_line

lots of info & resources on the site and they have a free legal advice line:

0300 330 5480

Do you have a cafcass officer involved?

How old are the younger two children?

Hi Thanks

my youngest wo are 4 and 7 and there is no cafcass yet.

[MissFM]

Re: how to deal with broken court order and provable lies in court application.

Afternoon DD ,

IMO the children should have their own advocate(s) - did you get in touch with Coram? x

[Daddy dawson]

Re: how to deal with broken court order and provable lies in court application.

Afternoon DD ,

IMO the children should have their own advocate(s) - did you get in touch with Coram? x

Weve been back back in court, the judge ordered the existing order to be followed, that my son gets his own solicitor and that a section seven report is done,

because of of her lies a referral was made to social services, who the X works for, they have interviewd the kids and my eldest has told them the X is telling lies.

they didn't get involved when my X was questioned over the assault on my daughter!

now my son has a voice in court and the truth can be heard how do I get her punished for breaching the contact order and for contempt of court with no means or representation?

please help

and thanks for all the help so far.

[MissFM]

Re: how to deal with broken court order and provable lies in court application.

Hi DD,

Good news

I wouldn't focus at all on "getting her punished" - it couldn't really be in your children's interests for their mother to be imprisoned - just make sure that the fact that she overrode the order remains prominently before the court so that they can both ensure that it doesn't happen again and explain to her the consequences of any further breach.

As a Social Worker she will anyway be well aware of the law on this and will be likely to know how to navigate the rules.

On that note, although Cafcass is supposed to be completely independent of Social Services, some are of the opinion that, in practice, some officers are not always so. If you wish to explore further options for alternative independent representation for your children, or just for general resources and advice, see here:

https://www.nyas.net/legal-services/family

A section 7 report carries enormous weight, so do be sure that your primary concern - ie the best interests of your children - is not only paramount, but seen to be so, throughout the process.

Wishing you well x