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Realistically what will be the outcome in court?

(9 Posts)
Silvermockingbird Thu 31-Mar-16 16:56:15

So DS is about to turn 3, split with his father just before his 1st birthday as he was a horrible piece of work- never in the house always MIA had no interest in being a father even stole money out of his sons piggy bank.. (Was quite a lot as was just after Christmas and hadn't put it in savings account yet)

Despite everything he did I allowed him to see him up until January this year, he has never payed anything, supposed to have him one night every weekend but usually didn't turn up sometimes didn't get I touch for months at a time. The reason I stopped him was I found out he was selling cocaine... WHEN HE HAD MY SON. Was pushing him all over in his buggy meeting people and selling it. I got told off one of his own mates as he didn't think it was right, then the more I dug a lot of people told me they knew he had been doing it. I am against drugs completely for the record.

Anyways I have just got a letter off his solicitor requesting mediation.. Usual lies you would expect 'you and my client seperated 1 year ago' (I have been with my current partner over a year and we are expecting a baby in October) 'my client had his son from Friday to Monday every weekend' absolute BS never had him more than 1 night.. He even gave them the wrong spelling of my sons middle name Steven instead of with a ph! Unbelievable!

To the point I don't want him to have any access, he is a complete liability but I'd like to know the realistic outcome when the only evidence I have is texts off a few people who he has been selling the drugs too admitting he has met them a few times when he's had our son, and a text to my phone saying 'I wasn't selling it out the buggy I met someone to get a 10a bag and had a bit of Coke in my pocket from the night before and that's it'

But that's the only proof I have does anyone know my chances of having his contact legally stopped?

TeaBelle Thu 31-Mar-16 16:58:36

Courts are really reluctant to grant absolutely no contact. But in this case I would say you have reasonable grounds to request that it is formally supervised or supervised by a member of his family if there is anyone appropriate.

Fourormore Thu 31-Mar-16 17:01:23

Stopped? Indefinitely? Unlikely, I'd say. Might be better to ask this on the Legal Matters board but I'd imagine that contact would resume on the basis that gives an undertaking not to have your child around the drugs anymore. Possibly him having to do a drugs test himself.

Silvermockingbird Thu 31-Mar-16 17:05:40

What would happen if he failed the drugs test?

Fourormore Thu 31-Mar-16 17:07:11

Supervised contact most likely but even then supervised contact is a stepping stone to eventual unsupervised contact.

whattodoforthebest2 Thu 31-Mar-16 17:10:34

Why don't you write back to the solicitor saying that due to his continued and frequent drug use and dealing (of which you have written confirmation), you intend to oppose contact unless he is prepared to undertake regular drug tests and agree to supervised contact in a contact centre. He would need to be pretty determined to agree to that and no doubt the solicitor will be unaware of the drug use/dealing anyway, so that should give them something to think about.

Fourormore Thu 31-Mar-16 17:14:28

Please seek legal advice before you do the above.

starry0ne Fri 01-Apr-16 09:26:33

Despite what fathers for justice claim.. no contact is very rare...

I do think you need legal advise.. Due to concerns I was able to offer my ds supervised contact at a contact centre without going to court...

There is no legal aid now so he would have to pay even if he self represents.. Do you think he would be bothered to do it?

JolieMadame Fri 01-Apr-16 10:06:23

You need a solicitor. Don't do anything yourself.

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