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please help!!

(4 Posts)
sineadkieran Fri 29-Mar-13 22:44:32

Hi everyone i hope you can help me!

Basically my sister got divorced from her husband a year and a half ago, due to him going off for weeks on end and never having an explanation for it. Anyway as i mentioned they got divorced, through out the year and a half he has seen my nephew three times (he is three and has autism). My sister has never stopped or tried to stop him spending time with him, but on 2 of the occasions he turned up he just spent the time abusing and insulting her rather than spend anytime with his son. The third time he trashed the place leaving my nephew terrified!. My sister has never wanted to go to court she wanted to keep it civil for my nephews sake but after that incident and him sitting outside her house watching her, she feels she has no choice!

She is concerned about the kind of access he will get, she doesn't want him having him at his house because of the way he has acted plus he will not give her his address, also he has said if he ever gets him on his own he won't bring him home.

She would like to know what is likely to happen in court, if there is anything she can do to stop him having over night access or having him on his own.
This whole situation is really stressful for her any advice would be great
Thankyou smile

Collaborate Fri 29-Mar-13 23:02:34

Firstly, if she stops contact then he'll have to apply to court. He might not.

She should contact the police about the trashing the house and waiting outside. See if they'll agree to charge him. If she'd qualify fit legal aid on income grounds it would be really important.
If his appalling behaviour is recent she may like to think about getting an injunction.
Where does she live? Someone might be able to recommend someone for her to see.

sineadkieran Fri 29-Mar-13 23:10:57

He has threatened numerous times to take her to court but never actually gone through with it. She did contact the police, he was arrested and bailed, she also had to fill in a domestic violence booklet to log any future incidents. She lives in essex.

betterthanever Sat 30-Mar-13 09:23:40

Collaborates advice is spot on and I am glad that she has reported it to the police esp. as legal aid will only be available now for cases of domestic violence so she would get it but not him - would be pay for court action?
Say it got that far, the overnights would I think be down the line as he would have to establish a relationship with the DC first. He would have to demonstrate a consistent schedule of contact and behave well at those - I would imagine supervised or at a supported contact centre maybe. Please tell your friend not to panic - he would have a long road ahead and if he as a good parent it would show, or the opposite.

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