Restraining order

[TractorBoy]

Seeking a bit of advice as cant seem to find answers anywhere.

My eldest son has a 3 months restraining order involving his ex partner. He is not allowed to make any form of direct or indirect contact as well as not going near her house. Fair enough!

She is now - through us - asking him for money for one of their children. My opinion is that if he hands over money it is some form of contact.

Would I be wrong in that conclusion. I personally don't trust her and think she may be setting him up. Break the restraining order and he may well go to prision!

Any advice would be very very welcome before the boy sets himself up!

[Andybear]

I think you need to speak to a solicitor and take proper advice about this.

[TractorBoy]

Originally Posted by Andybear

I think you need to speak to a solicitor and take proper advice about this.

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Fair comment. Thanks!

[Blue nose]

I'd get legal advice rather than risk good intentions on the internet.

Personally I would expect parents to be able to pay for their children irrespective of an order, as they are two different things.

[hideinpockets]

Definitely seek legal advice, sometimes restraining orders will have some caveats i.e contact regarding children is allowed, but if you aren’t sure or certain then seek legal advice so you can be certain what is and isn’t allowed.

[TractorBoy]

Originally Posted by Blue nose

I'd get legal advice rather than risk good intentions on the internet.

Personally I would expect parents to be able to pay for their children irrespective of an order, as they are two different things.

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Thanks. Problem I have is that the court order says no direct or indirect contact. Passing over money or setting up a direct debit to me is some form of contact.

Thanks for all the advice. Much appreciated!

[skalexander]

You're absolutely right, that is indirect contact, and you must not pass on any message or anything else from your son or it is a breach of the Order.

In these circumstances, we normally provide in the Order for indirect contact via lawyers in relation to matters concerning children. She should be doing this through her Solicitor not through you. She's setting your son up to fail, whether deliberately or not.

[Floridatilly]

Definitely get legal advice. I had a restraining order against my ex, he stayed living in our house but refused to pay the mortgage so there was lots to sort out regarding mortgage payments, dealing with the bank. It can get messy.
If he knows she requires money I assume she has been in contact with him? If so tell him to keep all corespondents from her.

[duchy]

I don't think paying child support counts as contact . If he isn't paying anything at the moment it could be backdated as a restraining order doesn't absolve a non resident parent from paying . Perhaps he should call CMS for a chat. gov.uk/manage-child-maintenance-case

[skalexander]

Originally Posted by duchy

I don't think paying child support counts as contact . If he isn't paying anything at the moment it could be backdated as a restraining order doesn't absolve a non resident parent from paying . Perhaps he should call CMS for a chat. gov.uk/manage-child-maintenance-case

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But there is no arrangement currently in place, so contact is needed to do that, even via the CMS. Some of these Orders carry a power of arrest in the event of an alleged breach, so they are not something you want to try and test to the limits.

OP, if your son wants to make payments, he needs to take some advice about how to set that up without having contact with his ex within the meaning of the Order.