Can anyone tell me what happens to peolple who disobey court orders regardong child contact?

Question

Thats all i want to know really, does anyone know anyone whose had there children taking away for not abiding by an order

Basically my x partner wants to see my 5yr unsupervised probably overnight, but he is by his own omission a drug taker, he is also violent which has been done for affray against me. At the moment he has supervised contact for an hour a week. It keeps going to and from court and the only seems to be for unsupervised contact. At the moment he has just had a psychiatric report done to see if the drugs affect him (amphetimines, which i believe to be one of the worst) the report more or less come back in his favour. I just don't no what to do if he gets granted unsupervised access, i know my daughter wouldn't like it.

they are a hundred per cent not legal believe he buys them off the street, an d this is why i don't get the courts its like teaching my daughter drugs are ok

Answer 1

What is the scenario?

When a couple separates & need to use a court to settle child custody & child contact / visitation, many factors dictate the outcome.

But assuming both parents are stable & responsible, the Mother gets the child & the father could get a few days every fortnight.

If the Father disobeys the court either by trying to see the child outside the legal contact order, or by failing to turn up during the contact period, the Mother can ask the court to suspend all rights for the Father.

If the Mother disobeys the court and refuses to let the father see his child or simply moves away & vanishes, then the Father can apply to the court to intervene. The Mother will be summoned & asked to defend her failure to meet a legal requirement. Unless she can prove the Father is unfit (uses drugs, drinks too much etc.), she will be told off and told that it’s in the child’s interest to maintain a relationship with the father.

The Mother would get a warning, a probable fine & that’s it.

If it continues, the court will keep on warning the Mother and tell her she’s failing to act responsibly & in the interest of the child.

Eventually, the court can transfer residence & child responsibility to the Father. This has happened quite a few times. They won’t jail the Mother while she has main custody.


** UPDATE **

If your ex partner is having a psychiatric test to verify the effects for the drugs he's taking, then they're obviously legal and therefore prescription amphetamines. This is totally different to street sourced drugs, so don't be too concerned.

They're a stimulant and trigger the release of dopamine, so calm people down and increase the feel good factor. Half the kids in America take this type of medication in the form of Ritalin for ADD and ADHD.

The court has to act in a way that puts your child first. They will only increase access if they're totally sure there's no risk to your kid and if they feel it's beneficial. They don't just give in to the father. That's why Fathers for Justice has so many Dads' dressing up as Batman and looking like idiots.

Your ex knows that if he makes one mistake, he might lose all access. Therefore, I wouldn't worry too much yet.

If they do grant extended access, ask them if the custody time can slowly ramp-up over many weeks to make things easier. If you really feel it's wrong, then appeal. But it's healthy for a kid to have a relationship with both parents where possible.


*** UPDATE 2 ***

If your ex partner is buying amphetamines on the street, such as 'speed' or 'crystal meth' then he's taking class-A, high strength stimulants. There is no way in the world he should have access to your child if he's a regular abuser of these substances.

Amphetamines sourced illegally cause a person to react unpredictably. They can cause paranoia, mood swings, temporary psychosis, delusions, confusion etc.

If the Police or courts are aware he's taking these drugs, he must have been arrested before and put onto a recovery program? Something seems wrong, because they wouldn't even consider increasing the court orders if he's a habitual substance abuser. Therefore, he must have gone through some rehabilitation and is being tested to make sure he's still clean.

It's all a little confusing. Try to get some verification on this. I assure you, they won't allow a class-a drug addict to have unsupervised access to children. Imagine the tabloid headlines?

Answer 2

Hi Lindsey,

This is a very emotive subject. Normally if someone breaches a court order they could be liable to imprisonment, however this does not normally happen in this type of case.

What could happen is that visitation rights could be suspended unless a good reason for not visiting is given. The issue here is what is best for the child.

You need to talk to your solicitor about this. It is very important.

Good luck

Answer 3

As I understand the situation, breach proceedings could be taken against both of you: you for allowing this situation and your former partner for doing it. You know it's wrong, from all points of view, and you can't possibly go along with it.The fact that you could get in trouble yourself gives you the let out you need for refusing to let your former partner have unsupervised contact. If there's trouble, then get in touch with the Social Services helpline. The following link could help too: http://www.womensaid.org.uk/landing_page.asp?section=000100010008

Answer 4

before everything you're saying it is your buddy after which you're saying your Son, so it relatively is it. in case you disobey a courtroom Order you may pass to penal complex. The courtroom ought to think of your ex is okay to verify his Son and comments might have been compilied via Social centers on him. do no longer deprive you Son of seeing his Father it could have outcomes at a later date and your Son ought to blame you.

Answer 5

The legal term is 'contempt'. Then it's left up to the judge as far as punishment. You can file an appeal after that, and GOOD LUCK

Answer 6

yup my freind went to his daughters house his ex was drunk but knew it wasn't his day for visitation called the cops he now has 0 visitation rights and can only talk to her on the phone he is trying to get video phone though.

Answer 7

sometimes if they catch up with you you can go to jail or they may be able to garnish your pay check