DomesticAbuseVictim
Hi I fled my domestically abusive ex with my 3 year old in February.
I am waiting to go to court for child arrangement which is not set yet but in the meantime we have a court order in place to video call twice a week.
My baby girl was domestically abused by my ex and doesn't want to see or speak to her daddy.
When we do the video call, she gets so emotional and I can't continue with the call.
Can I breach the court order because I'm afraid it's affecting her mental health?
My solicitor said he can't advise breaching it but it's up to me.
TIA
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familylives
Hi, I understand that this is a difficult and upsetting situation. However, since this is a legal issue and we're not legally trained we cannot give you advice. Child Law Advice has an extensive archive of information on the law surrounding children. You can contact them, though you may be asked to book a call and may be charged, on 0300 330 5480. If you feel you need further support please e-mail us at askus@familylives.org.uk or call our freephone helpline on 0808 800 2222.
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Jason Shaw jay3779
Hi, I'm not a lawyer or a mother but I have a child arrangements order for my daughter. It sounds like you and your ex have an interim contact order pending the child arrangements order. All things being equal, the contact seems very reasonable in the circumstances. However, reading your language, I would ask the question whether you were in an objective position to judge the reasonableness of the order until you have a finding from the court that your ex-  was an abuser and what impact that has on your child primarily, you second. Your solicitor is right about not making the assessment for you but from the other side's point of view, the expectation of indirect contact by video call is not unreasonable unless you make it so. I don't want to know the details of the alleged abuse or harm to your 3 year old in the same way a court would not want to, before the correct procedure has started. Hope that helps - a father with 20/80 contact. not a lawyer.
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