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Breach of court order

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14 Oct 12 #360887 by acfair
Topic started by acfair
I got an indirect contact court order in August which means that my ex-partner is only allowed access via indirect gifts and cards at birthday and Christmas.

However today at school Harvest Festival in church - my ex turned up in breach of the court order so I had to take the children out of church very quickly.

What steps do I need to take now? Do I tell the police? Do I contact the court? Do I contact his solicitor?

Any advice gratefully received.

Thanks

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17 Oct 12 #361408 by AlannasAdventure
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Im not completely sure myself as Im not a legal person but is there actually a restraining order against your ex stating he cant come within X amount of X place?

Or is it just an indirect contact order?

As I see it an indirect contact order doesnt directly stop him coming to a church for a service, regardless of wheather he knew you and kids were there (which im sure he will deny)

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17 Oct 12 #361510 by acfair
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The police informed me that he had broken the contact order and logged it as an incident.

The whole comtext of the 2 and a half years worth of hearings was that my son has been psychologically affected by his behaviour and is hysterical at the mere thought of seeing his father let alone actually seeing him in church!!

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18 Oct 12 #361554 by AlannasAdventure
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In that case if it causes so much distres to your son do you think it would be worth attaining a restraining order? at least then the police could take direct action and he might be less likely to turn up if the consequences are clear.

I would have thought the restraining order would be justified considering the exsisting indirect contact order & the breach of that.

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18 Oct 12 #361685 by acfair
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I thought that what was an indirect contact order was!

School has now sent him a letter saying they have a duty of care to make my son feel safe at school and school events and that my ex is not welcome at school events unless my son is happy about it.

Anyone know how I go about getting a restraining order?

Any advice gratefully received.

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18 Oct 12 #361704 by rubytuesday
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What does the the Order actually say? Does it have a clause in it that states he isn''t to go near the children or to not turn up at schools/activities etc? I would be quite surprised if it did, as a contact order is only for the purposes of making a child available for contact or for permitted forms of other contact (ie indirect contact).

Did you show the order to the police when making your complaint?

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18 Oct 12 #361713 by acfair
Reply from acfair
Yes I did show the police the order when I reported the incident.

I told them there was also a history of alcoholism and domestic violence which is documented by police records.

Over the last 2 and a half years of court hearings, it has been a major part of the arguments for CAFCASS and myself that school be kept as a safe place for my son - my son incidentally refuses to progress contact as he is frightened of his father having witnessed his drunken behaviour and his violence against me. Said son is now accessing CAMHS for counselling.

School have written to the father stating that he is not welcome at school events as he caused great distress to the boys.

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