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Can he apply for a contact order if not on Birth Cert?

(11 Posts)
Orangeapple Sun 24-Jan-16 21:19:24

Ex isn't on our dd's birth cert, his choice he didn't want her.

He is now taking me to court for contact as he is unhappy I'm not meeting his demands any letting dd go to him overnight whenever he decides.

Can he take me to court without parental rights ?

Lookatyourwatchnow Sun 24-Jan-16 21:26:05

Yes. He can secure a PR Order and subsequently contact order. If paternity is disputed the Court will Order a DNA test

Orangeapple Sun 24-Jan-16 21:50:05

Ok but dies he need to get the PR order first?

I have my reasons for not allowing him overnight access in his own home, he drinks, drink drives, she was hospitalized at 5 weeks due to his stupidly! Leaves her unattended in bath etc.

I have proof and his admittance (email) of his drinking/drink driving and everything from the day I got pregnant has been logged with HV and every contact since has been recorded.

I have never stopped him seeing her at my house I have even let him stay overnight for full weekends but I'm so scared they will give him the access he wants and something awful is going to happen

Lookatyourwatchnow Sun 24-Jan-16 22:11:02

What were the circumstances leading to her being hospitalised? Is there a third party who could supervise aside from you as a more viable long term arrangement? It is unusual for a Court to grant no Order for contact, but contact can take many shapes and forms, and can be subject to assessment. a CAFCASS officer would be appointed to represent the needs of your child independently. Have Children's Services been involved previously?

Orangeapple Sun 24-Jan-16 22:17:53

No children services have not been involved! He left her outside in her pram at the top of the stairs, didn't put brake on and went out to find her at the bottom of the concrete steps and out of the pram.

I am not trying to say he can't see her but I want it where she is safe I certainly do not want him driving her up and down the motorway when he drink drives and keeps drink in the car to get him through the hangover the next morning! She is just a baby 16 months she needs constant care and supervision

AnotherEmma Sun 24-Jan-16 22:22:07

It sounds to me like you have a very strong case for insisting he gets supervised contact only. You could talk to CAB, see if they have a list of local solicitors and prices (some might offer a free 15-30min consultation) and/or call Rights of Women. They should hopefully be able to reassure you as well as advising next steps.

Is he paying child maintenance?

starry0ne Sun 24-Jan-16 22:22:53

I do remember a conversation with my Sols years ago who advised me ( there were concerns) to be careful what I offered.. If you have deemed he can look after a child overnight why not regularly?

Keep all your evidence if it gets to court Cafcass only seem to be interested in anything with evidence to back it up

AnotherEmma Sun 24-Jan-16 22:29:21

Staying overnight at HER house is supervised contact. Staying overnight at his house would be unsupervised. The OP is being consistent in allowing supervised contact but not allowing unsupervised.

Lookatyourwatchnow Sun 24-Jan-16 22:31:58

Agree with starry one re providing evidence of concerns where possible, otherwise he is likely to dispute your account. I'm surprised nothing came of the incident where your child fell in the pram down the stairs - was this how it was logged when she was taken for medical advice?

Orangeapple Sun 24-Jan-16 22:59:43

So far he has contact at my house, my house is child proof for her, I can be sure he isn't drinking and I let him have his space, I go upstairs, run errands etc! All overnight contact has been at my house, once I allowed it at his brothers but only because I knew his bro and sister in law were there!

Yes the hospital were aware I wasn't present when the accident happened and the health visitor was notified, she already knew the history from my pregnsncy.

Orangeapple Sun 24-Jan-16 23:01:06

My health visitor has says she will write to the courts for me advising of her belief that contact should be supervised

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