To think a drink driving charge is actually relevant here?

[Hereforadvice93]

Me and my ex-husband are in court for child custody at the moment - he has a history of violence and isn’t allowed to see the children at the moment.

Someone has just brought to my attention - it was made public so anyone can find it and see it online - that my ex-husband was just recently arrested for drink driving, found guilty and not allowed to drive for 18 months.

I have two solicitors working on my case - one thinks this isn’t relevant but me and my other solicitor thinks it is relevant for the children because firstly ex-husband says that he doesn’t drink but this supports my theory that actually he drinks excessively… and second of all, he had passengers in the car, whose to say that he wouldn’t take the same risk with our children in the car?

Who is right here? Will the court care about this?

I don't think that driving with passengers while drunk suggests he'll drive with your children while drunk or banned.

If he's a violent man and is lying about drinking that's very relevant. It also proves his poor judgment.

Surely this is relevant and if it isn’t then god knows why not!!

It's up to the court, surely?

Anyone on MN can say it's relevant or it isn't but it's the court's decision.

No one on here can rightly say either way.
You know that.

@wherearebeefandonioncrisps in that case why does anyone post on here then, for other people’s opinions and people who may have been through the same thing and able to offer more information. If you feel like that don’t be on a board like this.

I'm trying to be pragmatic.
People's opinions on a social media forum aren't going to sway the arguments of barristers and judges.
You must, realistically, know that.

Are convictions usually raised in these situations? In theory your children won’t be getting in a car with him for 18 months because of the ban. Is it possible that because of the embarrassment of being caught that has resulted in him stopping drinking.

I'm a lawyer with experience in both family and crime. I don't think it's relevant to a child contact case.

@Oneforposy7 he has had issues and dependency on alcohol before - he has claimed in court this is not true and he never touches alcohol therefore isn’t a risk to the children - surely this then is relevant to prove he is lying?

Ask both to include
It I would

I was a lawyer albeit not in this area but having been through the family court system myself I absolutely think its relevant.

Not only does it evidence poor judgement but a driving ban will undoubtedly affect any contact arrangements. It may also impact employment which in turn may affect travelling/ability to pay towards travel costs.

My username changed back for some reason - back to normal now!

Just curious how you have two solicitors? Put the points here to the solicitor actually dealing with the custody and ask for their reasoning.

@Bagzzz I have two court cases merged into one - it’s really confusing! I have one side for myself protection wise and the other side for the children

@Willyoujustbequiet well it turns out this is why he lost his employment and why he hasn’t been able to provide financially for the children since… because he makes reckless and stupid decisions and how his children are missing out financially as a result…

@DogMamaAdvice95

I'm sorry to hear that. It's very unfair that you and your children have to suffer due to his actions.

I would instruct your solicitor to push it as far as they can but unfortunately it very much depends on which judge you get on the day. Having been through similar personally I'm aware how incredibly traumatic it is. Good luck!

Hi there,

The legal system can be unpredictable, but it's important to keep fighting for what's best for you and your child. I can’t say too much online about my situation. I will never understand how the family courts reach such terrible decisions. I’d be happy to talk to you and help you avoid costly mistakes. Your ex sounds similar to mine.

Hi please could I message you for advice? Currently going through myself! In court soon and very apprehensive.