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Withholding access?

Ok, so here's the latest in the saga…

Partner and his ex have been separated 8 years, one child, court ordered week about shared care. Court order contains a clause stating that the child should not be left with any party not previously approved of by either parent. Of course, jealous ex has decided for no apparent reason that I am not to be approved of, and has implied this in the past without actually saying as much. My partner and I spoke to our solicitor some time ago, and asked how to go about having this clause altered to exclude me, so as not to be in breach of court orders if I do something so drastic as, say… take the children to a park by myself (god forbid!). Our solicitor said not to worry about it, because it is implied or assumed within family law that new partners will spend some time with the child (we've been together for well over a year, so I'm no stranger). He said if she wanted to do anything about it, she'd have to file a contravention application, and the likely outcome of that would be the court varying the orders to exclude me anyway.

So since then, we haven't really worried about it. She's rarely left in my care anyway, so it hasn't been an issue. However, with school holidays coming up and my partner working on 4 of the days she is in his care, and a hefty solicitor's bill that just arrived for the false AVOs this ex has forced us to defend ourselves against (hearing next month), his daughter was going to spend those 4 days during work hours with myself and my kids, to save him paying daycare fees. He informed ex via text that he had arranged care for their daughter on those days, and would deliver her back at the appropriate times. Now ex has jumped up and said she will send the police if the daughter is left with someone she doesn't approve of. He pointed out there are at least two people the ex has left the child with and not gained HIS permission, but she conveniently said she was "not getting into that".

Obviously, we realise the police will not touch this, but my only concern is whether she can use this to withhold access? Is a contravention of a minor and harmless clause a reasonable excuse for denying contact? Would that stop him from getting a recovery order if the mother does not return the child when she should?

Thanks. :)
Hi Rabbit,

To withhold a child you have to have reasonable excuse one reason being she was in fear of the child's safety , so I don't know what evidence she would include to put in the affidavit if she say filed a "Form 4 Notice of child abuse or family violence". You could maybe guess if she would go that far ?

If she filed a contravention for the child being left with you ,you could just file one back with the information you have hopefully documented on the times she did this herself, so I can't see a judge taking it too seriously under those circumstances.

rabbit said
 a hefty solicitor's bill that just arrived for the false AVOs this ex has forced us to defend ourselves against (hearing next month),

  Because of the above ,if it was me I wouldn't push the point until the after the hearing , just in case you inadvertently give her some points to argue her case.
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