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Pick up from school as per court order

  • Besselsleigh
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12 Mar 15 #457790 by Besselsleigh
Topic started by Besselsleigh
Hello!
I now have the court order which states that “Father and no-one else picks the child from school 3 days a week and cares for her until she returns to her mother”.
He stated he is available to do it, to the magistrates, hence they allowed so much mid-week contact, though I know he was lying, as it has been his mother who has been picking the child and looking after her, as father is at the gym or at the studies (he is unemployed). I have big concerns about the grandmother, so I insisted on this “no-one else” caveat. It was agreed by the magistrates and went to the court script.
He is now asking to take this “no-one else” caveat away and is trying to negotiate this through his barrister who is drafting the order. His mother picked the child up yesterday which is a breach of the order.
I work full time 40 min way from school.
If No-one else remains what I fear can happen if he is unable to collect:
- There are not always ad-hoc places in the after-school club which means I must drop my work and rush to collect the child. This will lead to problems at work, while I do not receive any maintenance from the father.
- the child would be in the after-school club which is £10 per session, and say he is late and picks her up 30 min after, I would pay for the whole session.
- He may take me to court if the child released to a school club worker as the order states “no-one else”?

What can I do to stop him from making my life difficult?
Are there any limitations to how long it should take on the draft order to be prepared, i.e. has his barrister the right to hold on sending the order off to court and trying to negotiate what they want?

Thank you

  • WYSPECIAL
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12 Mar 15 #457793 by WYSPECIAL
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Is there an issue with the grand mother?

Who asked for the "no one else" clause?

It is normal for who ever the child is with at the time to arrange appropriate child care so if he wants to arrange for his mother to do it then it wouldn''t normally be an issue. Same as when child is with you then presumably you arrange things without having to ask his permission?

  • Unctuous
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12 Mar 15 #457796 by Unctuous
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Realistically what is going to happen if the Grandmother keeps picking her up? She isn''t going to be put in jail or anything.

I''m not sure what this ''No-one else'' clause is going to get you apart from extra stress and drama. I can see you''re in an impossible position though.

  • Besselsleigh
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12 Mar 15 #457806 by Besselsleigh
Reply from Besselsleigh
Thank you for your opinions.
It was me who asked for “no one else” clause, as he stated he is available though I know he is not, so I had to agree to HIM spending time with the child, not to his mother.
Now he rolls back and asks to take it off out of the courtroom.
The issue with Grandmother (father lives with her) is that she is extremely hostile to me, has been badmouthing me to the child who is only four, and considering father took me to court for shared residence, I clearly do not want him to take me to court again in a year asking for a full custody because the child spends every other day with him/his mother.
And I do not understand how he can now re-negotiate something he agreed to in court.

  • somuch2know2
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12 Mar 15 #457807 by somuch2know2
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Personally, I think you sound a bit controlling. Its not as if you can pick the child up, so i find it a bit vindictive that you would prefer to have the child be in an afterschool club than with family.

You cant stop people badmouthing you. Its not right, but that is what happens in divorce. My ex and her clan still ***** me off in front of my kids.

As for orders and renegotiating them- I think you will find that unless the child in harms way, breaches go unpunished.

Do you really want to be back in court because his mum picked up her grand daughter?? Always think about how you will come across in court and to a judge.

  • WYSPECIAL
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12 Mar 15 #457808 by WYSPECIAL
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Besselsleigh wrote:

Thank you for your opinions.
It was me who asked for “no one else” clause,


I''m suprised it is in there to be honest. Would you be happy to be dictated to in such a way when your child is with you?

It could potentially cause you problems or cost you money as like you say you will either have to pay for child care or change your job to allow you to pick up.

my advise would be take whatever free childcare is available and get over the fact that your child will have a relationship with their paternal grand parents.

You have said you don''t want your ex to take you back to court presumably you wont want the grand parents to make their own application either.

  • crimsonlake
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12 Mar 15 #457819 by crimsonlake
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I am confused by your post. You clarify it was at your request the wording on the Court Order included " and no one else . Yet you go on to make the point of the financial burden of extra fees you might incurr if it remains on the Order when your ex is unable to pick your child up from school. Surely you created this situation or am I missing something?

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