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Civil Action during Family Proceedings
- Thread starter Kyle
- Start date
Definitely. We had already discussed how this would play out. A witness will be used and the attempt recorded.
I was going to contact my local Police to get an idea of when they would intervene. I've received mixed views from friends who seem certain that you can call the Police if an order for child contact is breached but there's nothing I can find online that backs that suggestion up.
When my time was not being complied with I had my dad as witness when I knocked. He was not visible to anyone answering the door, but I knocked and stepped back so he could see me throughout. I was recording discreetly, just in case. When the door was not answered, I put a little package through the door in a relatively laboured and noisy manner, just the right side of reasonable. This meant I only knocked once. But, after a wait for the answer, and the time dealing with package, I was there for coming up to a couple of minutes.
I know I've mentioned this before, but it made such a difference for my little one receiving regular packages with my writing and pictures. Picking that package up was a form of "contact" for her. It also meant I could check if she got her little gifts when we had video calls, it would have been a poor reflection on mum if they were withheld.
I informed the police through 101 of my situation and intentions, that way I had a reference showing that I was not harassing ex and they had advance notice for when she called. Following police advice, I always carried the order with me. I later discovered that she made multiple reports, they were all ignored.
Despite her continued non-compliance, I did this twice a week until the following hearing.
Edit:
Sorry, posted at the same time. You are right, police will not actively involve themselves in securing compliance. They did reassure me and make really useful suggestions on how to handle the situation without committing a crime. All this will be recorded and available if officers attend for mum.
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I was lucky in my case as a senior high court judge decided that she should be the go to point for all my court visits so she was able to follow the pattern my ex took.
Its very frustrating getting a different judge every time as my ex would follow the poor frightened woman routine every time.
It could go in the bundle as an exhibit, I decided to leave it out of the bundle. Instead I compiled a doc with citations under subject headings and used this as a resource in my summing up.
My thinking was that the other side would totally change their approach if they knew I had transcripts. I gave them the freedom to misrepresent previous hearings, luckily, they took full advantage
. The court will know of the transcript regardless of whether or not it is in the bundle.
That is fantastic advice to pre warn the Police - pre-empt any allegations.
The Police won't get involved with a breached order as it's a civil matter rather than a criminal matter. If there was a fight they'd get involved. But they can't enforce court orders. Unless you're a Dad that is! If a Dad keeps a child and doesn't return them, the Police will get involved. Depends what the Mother has told them of course.
Ok. So just to be clear. If the DJ changes for my FH, he will already have a transcript of what happened at my FHDRA on Tuesday? So where is the benefit of applying to receive my own copy?
I've lost the plot!
No, the court has to provide the recording to the company preparing the transcript and the judge has to sign the transcript off (making sure her/his arse is covered) if hearing contains a judgment. The court may or may not have a copy, but they will know the transcript exists and that you are not making it up.
He won't have a transcript of it. A transcript is available at the court at any time but I doubt a Judge would listen to it personally. I see it as each hearing standing on its own. Even with the same Judge, they have so many other cases that they can't remember everything about your specific case and the value clear information on every point.
I think the point was that if you say something is in the transcript they would probably believe it because they know they can check if needed. Personally I would rather use the transcript as an exhibit to the statement (or snippets of it). But that would only be for final hearing when evidence is submitted. If you have another hearing before then, you could mention something from it.
It can be an invaluable thing to have in case you need to have any further hearings in future. My ex and I am sure others, regularly spout in things that the Judge said xyz (all made up and twisted in their favour) and there is nothing like hard evidence to prove exactly what the Judge said.
Brilliant update and result Kyle for you, your son and your own Dad and now into the final stages of a horrible journey of you all being shockling abused by a parent who believes that she is the only parent that matters.
These creatures ( my ex fully included ) believe they can lie and make continous appalling damaging allegations to obstruct or deny co parenting as it’s ‘my child’ ……….
I’m a great beliver in Karma and what goes around comes around …….. The failing of the Family Court system and private law hearings is that the immense damage it does to our mental health to continue for so long to have to prove that we just want to be normal Dads and enjoy raising our children without months and years of despair / delay.
I truly hope a CAFCASS officer would read again your bundle and hearing notes to get a sense of perspective that this really is what many Dads are up against and start getting to grips with what parental alienation is all about !!
These creatures ( my ex fully included ) believe they can lie and make continous appalling damaging allegations to obstruct or deny co parenting as it’s ‘my child’ ……….
I’m a great beliver in Karma and what goes around comes around …….. The failing of the Family Court system and private law hearings is that the immense damage it does to our mental health to continue for so long to have to prove that we just want to be normal Dads and enjoy raising our children without months and years of despair / delay.
I truly hope a CAFCASS officer would read again your bundle and hearing notes to get a sense of perspective that this really is what many Dads are up against and start getting to grips with what parental alienation is all about !!