Hi, I would appreciate some advice on the following issue. A friend of mine has 2 children (Just turned 6 & 9) she has a child arrangement order stamped in the family court in this country which sets out that dad has the children for set times throughout the year during school holidays (one week Easter, 2 summer etc dates to be arranged between the parties) Dad has moved back to his home country Czech Republic, which means he has to fly back and he then takes them back with him. During this Easter holiday he messed mum and the children around with the dates and times of flights and only confirmed in a few days before he was due to come. it also came to light that the children were not only sent to the cinema on their own but but one of the children fell into a stream because they had no adult supervision. Mum is concerned for their safety and has told dad that she not happy for them to go with him in the summer. Mum rightly wants the children to have a relationship with their dad but equally wants them to be looked after properly. Dad is now threatening to go back to court to \"get\" the children and mum is worried that as a result he may get more contact. Mum also knows that not letting them go is against the order in place. I have suggested to her to write an E-mail to him clearly stating the issues that arose and try and agree a way forward, before the summer holidays. At the moment most discussions have been through text that are more threatening than productive.
If anyone has any advice i can pass on that would be very much appreciated!!!!
A parent with Parental Responsibly can make decisions about the care, activities taken, etc while the children are in thier care without having to refer to the other parent with PR. Has the Dad confirmed that the children were completely unsupervised for the cinema and stream incidents? It is a difficult one, where one parent believes that the children aren't being looked after properly, and sets down a framework of what the children can and ca't do as the other parent may see this as interference with thier PR and allocated time with thier children.
I agree that texting is not a conducive method of constructive conversation, I always advise parents who in a dispute to NOT text and stick to emails instead. A clear, well written email setting out Mum's concerns is a good starting point.
Re the issues around the flights - does the order state the dates (or weeks) when the children are to be with Dad? If so, then Mum must be aware of when the children will be leaving, even if the exact information is a little late in being sent to her. Has it just been this one holiday where the plans around flights were changed? She may wish to consider applying for a variation to include specific timeframes (ie 2 weeks before scheduled contact) that Dad must provide the flight information by.
Hi There, thanks for your response, I have already advised my friend to construct an E-mail rather than texting back and forth. She has set out the concerns (incidents) and is seeking a way forward with dad. The order I think states that dad will have contact at agreed times during the holidays (agreed between the parties). dad is telling mum he has booked flights at certain times and dates and is then changing his story a few days before which disrupts mums work and home life.
She is aware that he has full responsibility for their care when they are with him but still understandably has concerns when dad is drinking and not supervising the children.
Dad is also meant to ring the children twice a week at set times and visit them monthly, which he has never done, so is already in breach of the order made. Dad is not happy that mum doesn't want the children to travel back to Czech with him and has threatened to take her back to court, however as it stands she hasn't breached the order, as yet.
Mum had a bad experience in the court (as do we all when it comes to divorce/ child arrangements!) and is hoping to avoid going back. Thanks again