I have just recieved a letterr from my husbands (three years seperated) lawyer enclosed with a third party mediators appointment for him to gain access to our two children. We seperated because he was often abusive and a serial cheat. On seperation it was agreed he would have access to the children every other weekend. To which he agreeed and did so for around 2 months, he then moved house and refused to let me know where he lived, I found out as my son showed me so allowed them to go every now and again when he asked. However he moved again taking children to the new address without informing me and continued to refuse to give an address so I refused to let the children go with him,, now he has sought help for access where do I stand on this as he has been the 1 preventing his access?
Landlord / Tenant Lawyer
You'd benefit from a consultation with a local family law attorney. The last lines in the parenting plan signed by the Court are something like "the failure of one parent to follow the terms of this order are not a basis for the other parent to fail to follow the terms of this order". In other words, two wrongs don't make it right.
I agree with you that it is important to have contact information for your ex and your children when they are with him.
If you don't think he's been following the plan correctly, ask the Court to find him in contempt, don't exercise self-help and cut him off from the kids. If he wants to go to mediation (probably because your plan requres it) then go. if you refuse that is grounds for you to be found in contempt.
His failures as a husband do not mean he's a bad father. Your kids need you to not be in jail and futhermore your kids need you and their father to get along well enough to parent them. The WA pattern parenting plan omits a number of very useful clauses that should be there to eliminate ambiguities and resolve problems. This could be a super opportunity to reach some agreements that will resolve your issues with your ex.
Hope this helps. I know it is not what you wanted to hear, but . . . Elizabeth Powell
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