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Contact issues for 8 month old

(3 Posts)
Blue81 Sun 18-Nov-12 16:22:42

This is a long complicated case. I will try and keep it simple and stick to facts.

I have two DS's, two different fathers.
DS1 age 7
DS2 age 8 months

DS2's father and I split earlier in the year.

Contact was fine until he failed to return baby and I got an emergency residency order in place.

Contact was then set by the court.

My DS1 made allegations of abuse from DS2's father. This was on the day that baby was not returned to me, however court didn't hear about it as my solicitor said it was not relevant at that time?

Since the residency order was put in place I have broken it by insisting on supervised contact for baby as Social Services said I had to protect both my children.

I was offering supervised contact at baby's Uncles but not at weekends or overnight, although this was stipulated on the residency order.

Things have gone from bad to worse between myself and my ex and he called my eldest son some very unpleasant names and I told him to basically sod off and to take it back to court if he wanted to see his son.

Beginning to think I acted very rashly but I don't know what to do. I cannot keep breaking a court order but at the same time Social are saying I cannot leave baby with his father unsupervised.

I do not think my ex would hurt baby, however I do have concerns about his disipline style and think he would benefit hugely from a parenting course (but he works full time and wouldn't go on one anyway)

He has been violent towards me in the past, nothing excessive but enough for me to be wary and obviously my eldest son has made allegations of him being hit by ex.

Please could someone tell me what my legal rights are and if I did let him go unsupervised to his dads would social care do anything?

Collaborate Sun 18-Nov-12 16:56:58

You must take it back to court without delay to vary the terms of your order. Don't use the solicitor who thought it a good idea not to mention the allegations. Expect to be told that you're making it all up, as otherwise you'd have mentioned it when last in court.

Blue81 Sun 18-Nov-12 20:17:55

I intend to but don't know what to do regarding supervised contact. Do I have to give him unsupervised contact if I cannot arrange anyone to supervise him? Is it down to me to arrange supervised contact?
Will the courts take into consideration the allegations against him?
Also I am scared he wont bring him back, even though I have the residency order. If he does fail to return him what happens?

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