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What access would my violent, alcoholic and drug using ex have to our child?

39 replies

Boomzaramae · 10/02/2020 09:40

Me and my child’s father were in a relationship for 3 years. Completely toxic, involved a lot of manipulation and verbal abuse from him to me. It first ended when he assaulted me the first time which I have recorded on video. However shortly afterwards I found out I was pregnant. We still never got back together and he abandoned me throughout the pregnancy, chose to get drunk and stoned with mates rather than want to contribute to buying all the necessary things for our soon to be born child. He even sent text messages telling me to abort the baby and threatened to kick my head in when I was 6 months pregnant. I allowed him into the room whilst our child was born, and for a few weeks afterwards it seemed like the birth had changed him. We slowly started to rebuild our relationship but his toxic traits started to creep back in. Couple months down the line he started with the verbal abuse again, calling me ugly, fat, my stretch marks were hideous and no one would ever love me. However he’d always blame this behaviour on his mental health and would bring up that he was going to kill himself if I left. The police were even called due to his threats of going to kill himself. I’ve received pictures of him cutting himself and messages followed saying he was doing it ‘for me’. He was not allowed around our child unless supervised following this behaviour all of which I have documented on text messages. He went to get help and few months later for a part our relationship continued until we were away for a weekend as a family, and he again got so drunk that he assaulted me whilst I was holding our child and again assaulted me in front of our child. I grabbed my child and fled away driving 3 hours home through the night with a swollen eye and blood coming from my face. I reported the assault to the police the next morning, they arrested him and he has now been charged with assault by beating. He, however, is denying doing it and so the case has got to go to trial at court. It has currently been 4 months since the assault happened, he hasn’t done anything to try and see our child, and I’ve been told by a health visitor not to allow him access until I get court papers through the door. His mum, our child’s paternal grandmother, is also a health visitor herself, and was seeing our child every other weekend and understood she was not to take our child near him. I’ve recently found out she broke that trust and so told her if she wished to see her grandchild she would do so with my supervision so I know he wouldn’t be anywhere near. I met our child’s paternal grandparents in a mutual place so they could see their grandchild for around 3 hours with no issues. I then a couple of days later received a text message from the paternal grandmother wanting to come and pick our child up without my being there, something I’d already explained couldn’t happen because she had broken the trust of that. Now I have received typed up letters from the paternal grandmother demanding I give her and my child’s father defined contact as no matter the outcome of his court hearing for the assault he still has equal parental responsibility. They demanded I let him see her twice a week and this be built up slowly and that I reply to the letter within 7 days or they are taking me to court. The first letter I received from his mum was about them all seeing my child but mainly about her seeing my child. The second letter didn’t mention them at all but rather everything that my child’s father has done such as “he has now got legal support” “he is progressing with a child arrangement order” “he is requesting for an immediate contact order” “he has completed the CAFCASS parenting plan progress summary” “he is committed to a CAFCASS officer being involved” and so on. Not only do I not want my child around her father that is violent, an alcoholic and takes illegal drugs regularly, but I’m a full time university student that works every other weekend and so want the time to see my child l, not to go to a dangerous environment at least twice a week and for it to be built up slowly. The paternal grandmother quotes a lot about CAFCASS in her letters. It’s just even more hurtful that she admitted her sons behaviour is disgusting and he needs supervised, and that immediately after the assault I said that if my child’s father goes and gets help for the drink, drugs and anger and I have proof of it I will allow you as my child’s paternal grandmother to take my child to see him and supervise him. And I never got anything. In fact he’s posted pictures out drinking many of times since. These letters have now come 4 months later since the paternal grandmothers access has been stopped. I’ve got a nursery report that shows that effect the assault had on my child at the time such as crying everytime a man entered the room.
Any help in regards to what he would be entitled to considering his behaviour and substance abuse would by greatly appreciated as I just want to keep my child safe.
Any information on anything extra I can get or fill out to show the court the effect his behaviour has caused would also be greatly appreciated, I’ve got the nursery report and the health visitor report that tells me not to allow him near until I get court papers so far.
Thankyou very much for any help

OP posts:
BritneyPeedOnALadybug · 10/02/2020 11:49

There’s loads of knowledgable people on here. Unfortunately I’m not one of them and don’t know much about things like this but just wanted to send Flowers and give your thread a bump so someone can hopefully offer you advice

Whynosnowyet · 10/02/2020 11:57

She is a hv not a court judge. Ignore ignore ignore.
Until you are in a final hearing and ordered to allow contact then simply don't allow any. If you receive letters just save them unopened for your solicitor. She sounds like a bully and a court will be interested to hear her tactics. Stand your ground op.
You are correct in your actions imo..

Boomzaramae · 10/02/2020 15:39

Thankyou very much for the advice, In an ideal world I wouldn’t want him anywhere near my child but I understand his name is on the birth certificate so eventually he’ll be granted contact and I’m pretty sure in myself I have enough against him to make sure that contact is supervised. It’s just a concern from her letters in how confident she sounds that he has a right to see my child on his own twice a week and more contact to be built up to even overnight visits. But I do agree it’s an intimidation tactic on her part

OP posts:
BritneyPeedOnALadybug · 10/02/2020 15:56

@boomzaramae
It’s just a concern from her letters in how confident she sounds that he has a right to see my child on his own twice a week

If I genuinely thought I had a legal right to see my child or grandchild and thought that you were withholding me from that legal right, I would be taking you to court, not sending letters to you that don’t mean anything that could be easily thrown away or ripped up or claimed ‘weren’t received’. It DOES sound like intimidation and I would follow @Whynosnowyet advice

Selfsettling3 · 10/02/2020 15:59

Honestly I would stop your child’s contact with her. She has shown she can’t be trusted and if there is an established relationship between her and the child then in theory she can go to court to ensure the relationship is maintained.

LeekMunchingSheepShagger · 10/02/2020 16:02

Stop contact with her and let her take you to court. I bet all this is coming from her and not your ex anyway.

StrawberryJam200 · 10/02/2020 16:07

Have you got a solicitor @Boomzaramae? You should get legal aid because of the DV and being a student.

Boomzaramae · 10/02/2020 16:24

I honestly don’t think my child’s father is bothered in the slightest, I gave him the chance to get help for alcohol, drugs and anger issues straight away after he assaulted me and once I had the proof he had gone for the help, I said that I would allow his mother to take my child to him and supervise him. And I never got anything, and he’s posted pictures out drinking many of times since. It’s been 4 months since the assault and these letters threatening court have now only come about because the paternal grandmothers access has been stopped, something I can 100% guarantee she’s forcing him to do because my lawyer said she has no rights to my child. I understand obviously that it’s not her fault for her sons actions and him pleading not guilty to the assault, but she’s freely admitted he’s mentally unstable, addicted to substances, needs supervision, told me to go to the police and not give a damn over what happens to him, but now since has taken his side completely, took my child to him behind my back and is even standing as a defence witness for him in court. Which I don’t even know what she has to say as there was only me, him and our crying child there whilst he attacked me. I’ve been to the lawyers who have said do nothing in response to her letters and make an appointment with them when I get something proper through from the court. It’s definitely letters of intimidation that she’s trying as a 62 year old to a 21 year old single mother at full time university thats been violently assaulted by her son whilst holding her grandchild. I just don’t understand why she thinks it’s acceptable unless they’ve been told by a lawyer they’ve got some sort of chance, all of which terrifies me.

OP posts:
BritneyPeedOnALadybug · 10/02/2020 16:32

I just don’t understand why she thinks it’s acceptable unless they’ve been told by a lawyer they’ve got some sort of chance, all of which terrifies me.

Sorry lawyers! (I hope that

StrawberryJam200 · 10/02/2020 16:34

Lots of people think all kinds of behaviour is acceptable without a legal basis, even professionals who should know better. You could go to the police about her harassing you.

Boomzaramae · 10/02/2020 17:48

I am in the UK yes, I have contacted my police officer dealing with the case and he said he would now go and tell both my child’s father and his mum not to contact me. It’s just utterly wrong as her job as a health visitor is to safeguard children and remove them from dangerous environments, yet she is turning a blind eye when it comes to her son and thinks it’s ok for him to be around my child after admitting he’s addicted to drugs and alcohol and is mentally unstable

OP posts:
tooEarly2day · 10/02/2020 19:04

Sounds like she’s scared of loosing contact herself and even though she knows her son shouldn’t have contact she’s helping him tey to get it so that SHE can benefit from a relationship with her grandchild. She’ll have been hoping her letter with its official sounding terminology will have been enough to frighten you into resuming contact with her. Ignore it. Inform relevant people as you have done and don’t allow her contact. She’s been very foolish as it sounds like you were prepared to maintain child/gp contact and she’s blow it blown hasn’t she.

LouReidDododo · 10/02/2020 19:11

You think the courts act wisely but they don’t.

I’ve just seen a grandmother who physically attacked and battered the mother of her grandson be allowed court ordered access.

She was also an ex heroin addict who’d been to prison, had her house raided by police and sent disgusting messages to the mother.

Op make sure you get very good representation.

BeansAndCheese123 · 10/02/2020 19:18

You could also report her to the NMC (Nursing and Midwifery Council). If she’s a practising Health Visitor she’ll be accountable for her actions to them.
They’d take a pretty dim view of her using her professional background and knowledge to send threatening letters!

Boomzaramae · 10/02/2020 20:14

I 100% agree all this is being done by my ex’s mother, he couldn’t care less. But I’m not particularly worried about her contact...she’ll have to apply for the rights as a grandparent but considering my ex said he’s got the mental problems he has because his parents were alcoholics and beat him as a child I’m not too worried! Plus the fact that she, with the job she’s got, allows him to bring friends round to her house and use both cannabis and cocaine. And in the letter she thinks I’m going to be okay with my child going to that house and staying overnight. In a way I feel sorry for her, because no matter what behaviour her son does, all he has to do is threaten to kill him self and she’s stuck. And it was that same manipulation that had me trapped for 3 years. But then again I was more than reasonable with her after the assault and she broke the trust by taking her to him behind my back and she hasn’t supported me or my child in the slightest. His contact is my only concern due to the ‘parental Responsibility’ he has simply because his name is on the birth certificate. In the letter she talks about how he will be applying for an immediate contact order, to which I’ve rang who I can today and that is where the CAFCASS officers become involved but even then I’m told to just provide my evidence to them about how unstable he is and it will be enough to hopefully persuade the judge not to grant the order. Thankyou everyone for the advice, it truly means a lot!

OP posts:
katieak · 10/02/2020 21:04

Has he even issued an application yet? Or is this just her talk? It seems it's her driving it not him. If he doesn't actually apply then this is all just words and threats. I don't mean that to minimise the impact this must be having on you but to reflect on their behaviour. A few main pointers for you:

  1. If he isn't bothered and doesn't apply it won't go anywhere.
  1. She, as grandparent, needs the court's permission to apply and cannot do it automatically.
  1. He might have parental responsibility but that is not an automatic guarantee to see your child.
  1. Given his violent behaviour the court can make findings about this to then assess what kind of risk he poses. Assuming the court finds that he has been violent he would need to accept that, reflect on it and change to get to see your child. If he does not then it is unlikely to go anywhere.
  1. Given her clear lack of understanding of the risk her son poses to your child I would have severe concerns about her being able to have a relationship with the child.
  1. You do not have to agree to anything! Your child is the most important precious thing and if these people cannot behave appropriately then they will not get contact.

Good luck!

ColaFreezePop · 10/02/2020 21:17

OP do you have written evidence from her that she is taking your child to see her son, your child's father? That would help you a lot.

Also don't beat yourself up about the father's name being on the birth certificate. It is very easy for fathers to get Parental Responsibility if they can be bothered to go to Court.

lotsofdogshere · 10/02/2020 21:17

Don't respond to her letters, texts or phone calls.

It's good to read the update about your contact with the Police Officer.

From what you say, it sounds as though the paternal grandmother is the one pushing for contact, rather than her son.

Find an experienced family law solicitor. You can do this via google - get someone who is registered with the Children Panel (or whatever new name it has). You'll be entitled to legal aid, which is difficult to get these days but the domestic abuse, his drug use and the police involvement should ensure you are legally represented with legal aid paying the bill.

If your ex applies for contact, there will be a hearing. If his mother wants contact, she'd have to be given the Court's permission to make an application. Your solicitor will prepare a position statement. Yes, the Court's tend to lean towards direct contact but the current situation is more measured than it perhaps was a few years ago. The impact of domestic abuse on mothers and children is being given the priority it needs to get. Grandparents have no legal rights to contact. The Courts of course recognise the benefits most grandparents bring to the lives of children. However, this grandmother has breached her agreement with you, that she protects your baby from her son. To play a full part in any proceedings, she'd have to become a party. That wouldn't happen automatically.

Try not to worry over much. Get a good solicitor and ensure any communication with your ex is through them. Meanwhile, look after yourself.

Boomzaramae · 10/02/2020 21:25

Absolutely no application has been made yet. I received the first letter 14th jan from his mother, demanding I give them access initially twice a week and for it to be built up slowly. She finished the letter with “we do want to avoid this irretrievably breaking down and progressing into the family court arena and so I look forward to your speedy response with the next 10 days” to which I contacted a lawyer and my lawyer said not to reply. I then received the second letter 8th feb beginning “we are disappointed you have no replied to our letter...[childs father] has now got legal support and will be progressing with a child arrangement order which will allow him a say in my child’s education, health care and being allowed to leave the county. He will also be applying for an immediate contact order. He has completed a parenting progress plan ready for the court, can I suggest you download and complete yourself” she then goes on to quote a lot of things that CAFCASS say in terms about how parental conflict damages children’s emotional health and therefore it’s best my child resumes contact with the father immediately (even though it’s been 4 months!). she then goes on to tell me that as I progress through my primary teaching course I’ll be made aware of the harm conflict between parents cause children. And that “ CAFCASS agree that an allegation or conviction of domestic violent Is not necessarily a barrier to co operative parenting but may mean more specialist involvement such as a CAFCASS officer or indeed children social services, and that is something [childs father] will fully commit to”. And she finished the letter with “if you do make contact within 7 days, these early court proceedings can be stopped” which again I was advised by a lawyer not to reply.

OP posts:
AbbieLexie · 10/02/2020 21:29

Flowers - stay strong

wotsittoyou · 10/02/2020 21:33

his name is on the birth certificate so eventually he’ll be granted contact

This is not necessarily true. If the family court judge determines that your child would be subjected to an unreasonable level of risk if left with his father, unsupervised contact won't be granted.

Don't do anything until you have actual court papers. You might have a chance of getting legal aid as a victim of domestic violence, but he will have to pay out of pocket for representation if he uses it, putting you at an advantage.

Keep in mind that if you allow any contact before it's court-ordered, you risk this being considered a sign that you are either lying about the risk he presents or that you are unable to appropriately protect your child from this risk. Do not let them pressure you. Nothing without a court order!

Boomzaramae · 10/02/2020 21:41

In terms of the evidence his mum went behind my back and took my child to him:
1 - he breached his bail conditions and sent me a message pretending to be for his sister and talked about seeing our child walking - something our child was not doing last time he was around!
2 - the weekend before he sent the message, his mum had took my child out for the day and when she brought my child back to me, and I picked my child up from the pram after she had left I could smell his aftershave on my child.
3 - I then confronted the paternal grandmother in text message saying “I’ve received a message from [childs father] saying he’s seen my child walking and therefore I’ve got no choice but to believe you have taken my child to him when I specifically told you not to. And I never got a reply for her either denying or confirming, but to not deny was enough to me that she had taken my child to him.

OP posts:
bibbetybobbityhat · 10/02/2020 21:44

Do not do anything. Sounds like a load of hot air to me, they are trying to intimidate you.
Wait for an actual court date (and then take all your evidence along with you...) if it gets that far... keep everything, the letters, texts etc.
Plus if it does get to court and cafcass are involved (why are they involved now if the court is not? Seems a bit bizarre 🤷‍♀️)..,

bibbetybobbityhat · 10/02/2020 21:47

Ugh. Just seen your update. Let them take to to court. Utter utter toe rags.
I was threatened with similar by my ex... in my situation, I got there first and got the prohibited steps order and non mol put in place (backed up with all the evidence) but he did play the ss card... luckily they realised fairly quickly it was him who was the risk... and I was the protective one.

Noshowlomo · 10/02/2020 21:49

Jesus Christ... reading this and I’m thinking can a mother be so blind. Her son is a violent bully !!!

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