contact

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annbrian
Posts: 44
Joined: Wed Jun 14, 2006 9:51 pm

contact

Post by annbrian » Thu Jan 06, 2011 1:19 pm

Hi everyone and happy new year. I havent been on here for a while all was quiet, until Christmas. I have a residance order for my 5y/o g/s. He has been with us since he was 6months. There are no contact orders but the judge surgested we arranged contact between ourselves, it did not happen. I made arrangements with a contact centre via ss for contact once a month but mother did not attend. Last year she went back to court for a contact order(saying i would not let her see her son) but she did not turn up for the hearing and the Judge ruled contact refused( i think it should read contact order refused). Now christmas, she texted to see her son on christmas day at my house I refused and said contact would have to be at the contact centre. She replied forget it then I will go back to court in the new year. What can she go back to court for another contact order, does anyone else think i am been unfair not allowing her to my home. My g/s has been brought up with my 2 younger boys he has not ever had a mother/son relationship with his birth mother since he was 6months old when he was taken into care by ss and placed with myself. It is only at birthdays and christmas she remembers she had a child. I know the threat of court is almost a blackmail but are there any court orders i can get to stop her.

winni
Posts: 1019
Joined: Tue Apr 04, 2006 11:34 pm

Re: contact

Post by winni » Thu Jan 06, 2011 1:34 pm

so familiar to my experience.Mum took me back to court to try and overturn R.O. Less than a year after it was granted.She was just playing her nasty games (nothing new there then!)Anyway it was re investigated by CAFCASS and it was recommended that contact be at a contact centre ...to prove mums commitment.Needless to say it never happened.So perhaps she is just flexing her muscles with no real intention of following through.If it does go to court then perhaps you should tell her you will be seeking a S G order!

win
win

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Robin D
Posts: 1989
Joined: Sat Aug 21, 2004 1:58 pm

Re: contact

Post by Robin D » Thu Jan 06, 2011 3:25 pm

If it does end up in court, you could also ask for a Section 91(14) order to prevent future applications without leave of the court.

You might also want to write to Mum now (recorded delivery) offering to set up contact in a contact centre as previously agreed. (keep a copy) If it does then end up with an application to the court, you can show you have bent over backwards to arrange reasonable contact, but that you are putting the child's interests first. Make sure you are logging all this and make copies of the texts. (If you can link the phone to the computer, you can copy them that way. If not, take pictures of the message(s) while on the phone screen and keep those. Lose the phone and you've lost the evidence.

Clearly its a guilt trip and totally unreasonable to contact you without notice on Christmas Day and immediately expect contact. I don't think any judge would think that 'goodwill to all men' should apply here.

Good luck ...... Robin


Grandparent carer in Suffolk [:)]
Former F&F carer, foster carer, adopter and respite carer for umpteen children. Now retired and when with kids, making sure they 'go home' at the end of the day.

annbrian
Posts: 44
Joined: Wed Jun 14, 2006 9:51 pm

Re: contact

Post by annbrian » Fri Jan 07, 2011 7:24 am

Thank you for advice, can anyone explain what a section 91 (14) order is and how do you go about getting one. We do not have a solicitor as we have acted for ourselves in all court cases as we are unable to get legal aid unlike the mother.

Piglets-House
Posts: 108
Joined: Mon Jan 05, 2009 12:36 pm

Re: contact

Post by Piglets-House » Fri Jan 07, 2011 8:27 am

Hi annbrian

Basically a section 91 (14) is an order restraining the parents or any other person from making applications to the court without first getting the permission (leave) of the court to do so.

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Robin D
Posts: 1989
Joined: Sat Aug 21, 2004 1:58 pm

Re: contact

Post by Robin D » Fri Jan 07, 2011 5:17 pm

It's not normally given, but where they are, its usually as part of another hearing. So if parents take you back to court on an issue and lose, you can then ask the judge for the section 91(14) to provide stability for the child and the current placement.

Robin

Grandparent carer in Suffolk [:)]
Former F&F carer, foster carer, adopter and respite carer for umpteen children. Now retired and when with kids, making sure they 'go home' at the end of the day.

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