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Legal matters

Please advise - contact requested

9 replies

MushroomSoup · 20/05/2012 10:58

To cut a long story short DF split with her H earlier this year. There is a history of his depression (was years on/off work, stress/depression) and suicide attempts (Oct 11 & most recently Feb 12). Police were involved in finding him in Feb. they have also been called to the house x2 because of his threats and intimidation. There have been incidents of him hurting DS (7) and intimidating both children (DD, 3).
He had access to the children for a while but was so demanding that DF withdrew it on the advice of the solicitor, (court case pending). He refuses to stick to a rota saying he doesn't want to make it 'easy' for DF but then texts and demands to have them. He has threatened to burn the house down and talked about having violent feelings in general.
Children do not want to stay with him and are now wary of seeing him 'as he is cross and angry'.
He has filed a petition asking for one night a week and every other weekend. He has never in his life had the DCs on his own and never once put them to bed. If DF went out she had to sort kids first or get a sitter in, even if he was there.
DF has asked that all contact must be supervised and def not overnight but she is terrified that he will be granted it. My question is, with his history surely it's not likely?

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Olympia2012 · 20/05/2012 11:36

Is all this logged with police?

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Collaborate · 20/05/2012 12:06

Isn't her solicitor best placed to give reliable advice? There are plenty of nuances to these cases that simply can't be put across in posts on these boards.

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MushroomSoup · 20/05/2012 12:11

Yes, logged with police.
Collaborate you are quite right. It's just that she is out if her mind with worry; only got his letter re: contact late on Saturday so had to wait for an appt. Seems bizarre that a man with these issues could get unsupervised/ overnight contact. Just trying to reassure her really I think.

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MOSagain · 20/05/2012 12:44

As Collaborate has said, her solicitor is best placed to give advice as he/she will have all the relevant background information. I can however understand how upsetting it is to receive a letter such as that at the weekend when you can't talk to your solicitor.

Assuming all the various threats and other matters referred to above have been reported and logged, then I would be very suprised if anything other than supervised contact at a contact centre was ordered If it hasn't been reported/logged then your friend needs to do so ASAP.

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MOSagain · 20/05/2012 12:45

sorry, just re-read and saw it is all logged. Under those circumstances, I find it hard to believe he would get unsupervised contact at this time.

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WhippingGirl · 20/05/2012 13:07

You need to advise her to let him start court proceedings. This will result in Cafcass being involved who will make assessments of the children's needs. The da is certainly old enough to talk to a Cafcass worker alone and they will take his statement rw sad being angry etc v seriously. There will also be a fact finding hearing and the logged dv will be a big issue as this is what they screen for first in contact order cases.
I would strongly advise against trying to sort it out with letters back and forth between solicitors as they can't assess welfare concerns. F it was me I would withkd contact now and suggest the exp begins court proceedings if he is insisting in contact. She also needs to request her solicitor writes to his and asks him to desist contacting her directly if this is making her uncomfortable.

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WhippingGirl · 20/05/2012 13:08

Also unless its legal aid just ring the solicitor 1st thing tomorrow and says its urgent - don't see why she has to wait for an appt

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MushroomSoup · 20/05/2012 14:47

Thanks all x

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cestlavielife · 20/05/2012 21:58

If all is logged then she just needs to say supervised contact only at a contact centre.
Let the court and cafcass sort it out. They are likely to recommend supervised contact.

It will take time.
She could research and visit local. Contact centre in the meantime to show she is not against contact but wants it to be safe www.naccc.org.uk.
She needs to keep logging and reporting all and any threats of any kind.

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