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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Access for a baby?

4 replies

Castleside · 10/01/2022 11:43

My friend's wife refuses to allow him to see their baby post separation and pending divorce. She appears to have severe post natal anxiety and will not allow their baby out of her sight. She is now 9 months old and my friend hasn't seen his daughter for 4 weeks. He is desperate.

He is going through his solicitor and there is a court order pending, but realistically, what sort of contact will he get? He would like between 25/75 and 50/50 but thinks he won't get overnights due to his ex wife's anxiety.

He's a good Dad and desperate to see his daughter. No past convictions etc and no safety concerns. He has also moved into small rented accommodation which he has furnished well in preparation for his daughter.

OP posts:
hulahoopqueen · 10/01/2022 11:49

He would need to start with mediation, and try and agree something mutually with the mother, and only if this fails will he be able to go to court - child services try and avoid this where possible.
It would be best to request visitation mainly during daytime, with occasional evening routine assistance (if the parents can mutually agree).
He could also request custody arrangement reviews on a quarterly basis so that they can adjust the visitation as the child grows and becomes more accustomed to being with their dad for longer periods of time.
The court will not decide custody based on the ex's mental health, but will encourage her to seek help for it. By showing concern for his daughter's care and showing that he is willing to take it slowly for his daughter's benefit, this will show him to be considerate and a caring father, which will help greatly.

Castleside · 10/01/2022 12:18

Thank you. She has refused mediation.

OP posts:
PicaK · 12/01/2022 07:59

Can he see the baby whilst she remains there? I mean he's not that desperate if this is an option he's not taking up.
And it would be a hell of a shock for baby to suddenly go from being with mum every night to someone less familiar. It would need to be a gradual increase in time. Otherwise he's not a good dad he's a dad pushing his rights at the expense of his child's welfare.

CloseYourEyesAndSee · 12/01/2022 08:04

He won't get overnights or shared care for such a young baby. He will get little and often. He needs to be prepared to pay for a contact centre for a few sessions if her anxiety is so high that she won't allow the baby to go alone but really she needs to be ordered to get treatment.

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