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 Unlawful Arrest...or not?

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Isaac Hunt
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PostSubject: Unlawful Arrest...or not?   4/1/2008, 9:44 am

I know some of you will be aware that I have been struggling to get regular access to my daughter, nothing much has changed. I have seen her once in 8 weeks.
It was her 3rd birthday on the 17th of august and i tried desperatly to wish her happy birthday on the phone but my request was denied.
The next day I decided to travel the 12 miles to deliver her a present.

On approaching the ex's house I saw her outside the gate (the ex, my daughter wasnt present)...anyway, she just ran off...I gave chase and she sought refuge in a garden occupied by workmen & told me she was going to call the police.
I said...go ahead as I had done nothing wrong.

The police arrive, one stands with me whilst the other talks to my ex. Then he comes over and tells me I have no business there and they are going to take me back home.
No business? It was my daughters birthday the day before and christmas the week after, my good friend lived down the road and I wanted to do some shopping there, pop in the chazza'a & get my daughter some cheap prezzies....but, apparrantly....I had no business at all being there...even though I had a present in my bag with my daughters name on it (which her mother refused by the way!?)

The next minute I am cuffed & arrested with 'possible breach of the peace'...placed in the car and taken to a station another 15 miles away.

Whilst in the car I asked what I would be charged with and was told 'nothing'...you will remain at the police station until you agree to go back home & not return that day.

For the last 6 months my only contact in arranging to see my daughter has been through the ex's fellah's phone number, the day after being arrested the police visited me at home issuing me with a harrassment warning saying not to contact him again.

I'm not sure what anyone else thinks but this all seems very unfair to me.
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PostSubject: Re: Unlawful Arrest...or not?   4/1/2008, 12:36 pm

i wish these mothers (or fathers as we know it can happen either way) could see the damage they are potentially doing to their children.

I mean what harm is there in delivering a present to your daughter ffs? And it IS unfair... A child needs both parents, no matter what their animosities towards their ex

I mean you look at Ellie, she allowed her kids father to STAY over at Christmas to spend time with his children even though it made her Christmas far from perfect.

I assume you broke up for reasons other than violence, as that should be the only thing preventing a parent from contact with their child, whether mother or father.

Have you been to court to get access?

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Last edited by on 5/1/2008, 2:14 am; edited 1 time in total
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Jo

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PostSubject: Re: Unlawful Arrest...or not?   4/1/2008, 12:54 pm

I find this so sad, how can a mother who is supposed to have her child's best interests at heart behave this way? What Kat says is true, children need both parents (unless there is a good reason why they shouldn't see one or the other).

I think the only way forward for you is to look into getting legal access, I know it must be expensive to hire lawyers and the like, but it would be worth it in the long run, and it it shows your ex-partner you mean business and will stop at nothing to be able to see your daughter.

Really cannot see why you were arrested either, you weren't causing any harm to anyone and it was obvious why you were in the area too.
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Isaac Hunt
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PostSubject: Re: Unlawful Arrest...or not?   4/1/2008, 2:43 pm

There is no history of violence toward the child or mother, no injunctions against me have been put into place.
I am entitled to legal aid aswell so going to courts & costs isnt a worry, the wheels are in motion for that but its taking time & the ex is dragging it out as much as she can.
In the meantime, I can't get to see my daughter and the longer this goes on the more damage it does to my child. The last time I saw her she was saying "I want my daddy back" because she didnt know when she would see me next.

I just cant see how she has the power to do this but it seems that my hands are tied, I have thought about involving social services.
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Jo

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PostSubject: Re: Unlawful Arrest...or not?   4/1/2008, 2:56 pm

That must break your heart to hear her saying that :-( I really feel for you..... I'm no expert and have no children myself but cannot imagine anything worse than being denied access to your child.... I'm glad you have the wheels in motion for the legal side of things, imagine it does take time though.

Speak to social services, see what they say, there's no harm in getting as much advice as you can. They may advise some sort of mediation, it works for some people but saying what you do about your ex, it doesn't seem like she is interested in reaching any sort of agreement :-( Has she given you a reason for that?
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Isaac Hunt
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PostSubject: Re: Unlawful Arrest...or not?   5/1/2008, 4:52 am

Thanks for your support, it will work out in the end...i know that, its just that in the meantime of not seeing her my own sanity comes into question!?
Since my daughter was born I have been constantly pushed away, its been going on for 3 years now & I think the ex is running out of reasons/excuses in denying me access.

Anyway, back to the arrest...I thought you could be arrested on 'suspicion' but not 'possible' !?

Where does the line get drawn on this?

Could you be arrested for possible hooliganism for wearing a football top?

Possible terrorism for having different coloured skin?

Possible paeodophilia for playing football with a child that isnt yours?

It just doesnt seem right to me, I feel as though my human rights have been infringed.
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Jo

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PostSubject: Re: Unlawful Arrest...or not?   5/1/2008, 5:41 am

You're welcome x

I don't know an awful lot about arrests and the terms around them but I can't say I've ever heard the term 'possible' used before, it doesn't seem right. I can't understand what they thought you were doing wrong. Have you asked for any explanation?
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Isaac Hunt
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PostSubject: Re: Unlawful Arrest...or not?   5/1/2008, 9:57 am

Only my ex was listened to, I havent a clue what she told them but my side of the story seemed irrelevant to the police, they didnt ask me any questions or be prepared to listen to anything I had to say.
They just told me what was happening, that I was getting in the car & they were taking me home, when I said I would get back on the bus and return to finish what I had to do that day I was arrested.

I'm looking at making a formal complaint.

They didnt even take me all the way home, I had to walk a mile and a half as they were insisting they werent a taxi service....hmmm.
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Jo

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PostSubject: Re: Unlawful Arrest...or not?   5/1/2008, 10:46 am

Sounds like your ex said something putting you in a bad light :-( harrassment or worse. I can't believe they only listened to her side of the story though, I thought they were supposed to listen to both parties? And then to arrest you for saying you were going to go back and give your daughter her birthday present? its ridiculous.

Make sure you get some good advice but take it as far as you can regarding your complaint.
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