This is the draft that is likely to be sent in response to her demand:
"I can confirm that I retained the children on the 15th September but this was in the full knowledge of your client and confirmed in writing through you, her appointed solicitors, on two occasions.
I have to correct your client’s statements about her attempts to contact me.
Firstly, I received only one text, threatening in nature “Boys were due back half an hour ago, if they’re not back in 10 minutes I imagine you know what my next course of action will be”
I then received one phone call from your client on my landline and another from, I assume, her partner but neither rang for long enough to pick up. I did not receive ‘numerous’ calls.
Your client did not make any other communication. If your client was concerned about their well being she could have texted a simple question to me and I would have responded accordingly.
Your client saw fit to contact the Police and claim to them that she was unaware of my intention to take them directly to school on the following Monday 16th. It was very unfortunate that the children were exposed to the initial conversation with the officers which resulted in a number of very difficult questions about why their mother would behave in this way and were confused by the situation. The officers were satisfied with my explanation, expressed frustration that they were being used as pawns and left to meet with your client. The officers also remarked that there was clearly no cause for concern. However, there was no question from them about their safety or well being, further throwing into doubt the motivations of your client. I categorically refute the accusation that I have told my family that she has received a warning from the Police. I may have told my father that she should have received a warning but this hardly equates.
I wish to remind your client that she has appointed herself the role of primary carer without agreement. I was neither consulted nor asked. She is not empowered to withhold the children from contact with their father.
Regarding her opinion that I will not return them from contact; the current schedule requires me to deliver them to the school premises on a Thursday morning and Monday morning and not to your client. It is a legal requirement that they attend school and I undertake to obey the law in this regard. Therefore, your clients concerns about not returning them from contact are unfounded and merely a means to prevent my contact with the children.
I strongly disagree with the motive behind your client’s action and consider this recourse in contravention of an established and agreed schedule on Wednesday nights that has been confirmed and accepted between parties through solicitor’s letters and also through our mediation session. Deviating from this agreement contradicts your client’s assertions that a stable and regular routine is necessary for the children and that she is acting in the best interests of the boys. The children are fully expecting to see their father on Wednesday at 17:30, delivered to my house, as previously arranged.
Once again this is evidence of dictatorial behaviour in regards to the children.
The children have personally expressed their wish to stay on Sunday nights and be taken to school by me on the Monday morning. They enjoy doing their homework with my support and resent being returned at 4pm on a Sunday afternoon. I strongly recommend that your client consider the wishes of the children and agree to this arrangement. My application to court will request for additional time over and above this. Please advise me forthwith if your client wishes to avoid a court based decision in favour of a more amicable arrangement.
I do not appreciate the aggressive stance your client is yet again taking with regard to her ‘ownership’ of the children. In effect she is demanding that unless I agree to the undertaking letter I will not see my children again. This is morally corrupt and clearly to the detriment of the children who will be extremely distressed if they are prevented from contact with their father.
I consider that the current arrangement does equate to a set and stable routine, that is easy for the boys to understand, whereby both parents are able to spend equal time on their respective weekends assisting them with their homework and preparing them for school the next day, as evidenced by their successful delivery to the school gates on the morning of the 16th September in clean uniform, packed lunch and completed homework after a suitably early night.
Therefore, due to the legal requirement for me to get them to school, it is unnecessary to sign the undertaking provided and thus continue to expect the children to be available for contact on Wednesday’s and alternate Friday’s."
My solicitor is happy for me to draft these letters and she provides her professional opinion and guidance.
What do you all think?