After my last court hearing back in Febuary it was ordered that I was to see my son out of a contact centre but still with supervision. He has just turned 6 and what I had planned for him was entertainment such as Bowling and cinema visits and arcades. My 1st session was cancelled due to my son saying to the supervisor he did not want to go. 2nd contact was cancelled due the the centre have a emergency arise. 3rd contact session due today I am standing outside the venue 20 minutes prior to my sons arrival to receive a phone call to say that my son had got into the car but he then said I do not want to go repeating. My next court hearing is early June so not long to go. But what is it I do now? I feel I have 2 choices either give up or fight for full custody. My son has been brainwashed in not to want anything to do with me and sees his mothers partner has his dad. I know you will all say do not give up but after travelling 300 miles each time to be put through the pain of my disabilities to show willing that I want a relationship with my son. Before now so much could of been done by enforcing contact a long time ago but it seems as if my solicitors do not want to pursue my requests. It''s like a game. My ex and I was asked to write a report out as to why I should/shouldnt see my son out of supervision and she brings into account the domestic voilence that I caused upon her. I have paid my due for that but it has no relevance on how my realtionship is with my son. He did not witness it. This will all come out in the hearing but what I want to say to my counsel is that I have had enough of this treatment from my ex and I want my son in my custody. Any guidance will be much appreciated as always..
When allegations of DV are found to be true the courts will weigh up the risks of harm children suffer from DV against the risks they suffer when they grow up not knowing both natural parents. It''s unlikely that no contact will be ordered when the levels of DV are low. The court considers the effects of DV on the child and the parent with the majority of care, whether or not the perpetrator admits the DV and is prepared to attend anger management or a DV perpetrator programme and change their behaviour. In this case the court has looked at all the facts and decided supervised contact is in the best interests of the child and Mum needs to comply with the court order.
Well, don''t give up. There are several options the court can adopt. CAFCASS can be asked to investigate or work with the family, befriend your child and bring him to contact or if persuasion doesn''t work the judge can threaten to attach a penal notice, prison or to change residence. Also if your ex still fails to comply with a court order you can apply for enforcement and financial compensation for missed contact but I would wait to see what happens after the next hearing.
I think if anything the form will have to be filled out as to with enforcement and financial compensation. I asked my solicitor to present the ex with this order 2 months ago but has yet has not gone anywhere. I think it''s something for the judge to hear in a couple of weeks. As with regards CAFCASS I also think thats a good idea and shall put this to my counsel