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Breach of family order but was agreed then not

Posted by: Anonymous
Wed 2, Aug 2017 at 10:38pm

Hi advice needed asap plz

Basically been in and out of court 5 years with sons dad. He is now 6 diagnosed autistic spectrum adhd glue ear bowl condition.
Dad started out supervised section 7 report recomended supervised until son can do things himself social worker screwed up went unsupervised slowly. As of aug last year order for progression to overnight then two consecutive overnights. Started terribly son so upset even ex agreed and we agreed not to progress to two overnights as son could not coap. Ex changed mind and wanted go to 2 stating son is nowvok overnights which is soo mot the case. There are care issues ex does not use ear molds resulting in ear infections. Son comes home soiled. Home upset dad said your phyco ect dad sent me pics in undawear hes a real man ect.

Judge was really annoyed said i had breached the order on contact even tho we both agred to the change initially. But as it was a new application as dad wants custody orcat least 50/50 time judge could not act on my breach. Dad works shiftsc4 on 4 off evt days nights six off some days never same days.

Will they give him 50/50 time despite my son struggling and the care issues i am his fulltime parent so no childcare needed dad works so is un able to have son full time or 50 50 he wants to have son on his 4 days off falling diff days on a 4 day role this is not good for an autistic child. I am very worried the judge will give it to him to punish me i have never breached zn order b4 but they are saying i am putting obstickles in way of contact by being adamant he not be doiled or ill from lack of ear mold use ect :( i have to delf represent due to funds he has money and a horrible solicitor who threatens me ect

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  • Pc jaybee (moderator) Flag

    I'm sorry to hear that things have got so difficult.
    How long ago was the Section 7 report prepared? You might be able to ask for that to be up-dated. As your son has an acknowledged condition, or even if he didn't, the court must base its decisions on what is best for him. So, no, they wouldn't impose a 50/50 arrangement unless it was genuinely thought to be the best option for your child.
    Is there any possibility that you and his dad might be able to talk this through in mediation? Has anybody suggested it?

    Thu 3, Aug 2017 at 11:19am
  • User-anonymous Worried parent. Flag

    Hi thank you for your reply.
    Firstly we tried mediation it did not work i m going to point out dad has aspergers.. he wantscwhat he wants basically.
    The section 7 was some time ago an adendum was done over a year ago currently waiting on a new section 7.
    But under the threat i do as they want or they drag me to court for breaching current order and enforce it. I am unsure why if this was an option they would file new proceedings other than dad wanting a shared care order. He contacted the CSA in oct clziming he had shared care sent in the ordervif 4th aug stating 2 overnights a firtnight they refused to reduce the ammount now here we are.

    I have agreed to go from one overnight a firtnight to 1 a week and over school holls 2 seperate nights aweek meaning 4 full days in a week. This in itself is going to be hard for our son. But he they keep pushing and pushing my son woke last night crying with nightmares.
    He burst out crying an hr ago because something was cute. His emotions are all over the place. And i have no legal help to make sure his needs are put first the caffcass has suggested a family order where they remain in contact for 12 months after section 7 n court ends but it can only take place if dad agrees :(
    Partvof the section 7 is also to contact medical to get their input on dad not correctly using molds if at all and incorrect bowl meds too much not enough double dosing of calpol ect.

    Thu 3, Aug 2017 at 11:51am
  • Pc jaybee (moderator) Flag

    I'm sorry you feel this is still going so badly but am I right in thinking the case is still going through court and that Cafcass is still involved in some way.
    I hope that's the case and that you can let Cafcass know about your concerns about how your son is coping with all this.

    Sat 5, Aug 2017 at 2:51pm