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Legal matters

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Will my EXP get more contact if he takes me to court?

52 replies

Newbabynewmum · 19/02/2011 22:42

Just to give you a bit of backround -

EXP drinks & I have evidence of substance abuse
He is highly intimidating & abusive & has been violent to me before
When living with me and DD (2months old) he has shouted at her and sworn at her admitting it was out of frustration
He has fed her a handful of times in herclife - I FF - never got up in the night etc

DD is now 5months.

I am offering EXP to come round to mine twice a week in the evenings after work and then once for a couple of hours at the weekend.

He wants unsupervised contact. Judging from his past would he ever get this? I am very worried. I think hat I am bring reasonable. Any advice would be greatly appreciated.

OP posts:
STIDW · 21/02/2011 14:51

Regardless of who the contributor is no one should act purely on information given on a forum anyway. People need individual advice on legal matters.

I think people need correct information and one of the benefits of posting is that if a mistake or misunderstanding is made someone will usually come along and correct it. That is how we learn and education enables us to make informed decisions. The best lawyers are educators and Mumsnetters are very lucky to have so many contributions from the legal profession.

To avoid any doubt I'm not a lawyer or any other professional involved in divorce. However, my post above is based upon my knowledge and understanding about how family courts work rather than opinion.

Do not under estimate the importance courts give to contact. DV isn't necessarily a reason for no contact, the consideration is the effects the DV has on the children and the parent with the majority of care.

Courts base decisions on facts and evidence, in particular evidence from impartial professionals such as teachers, social workers, police and medics. The current scientific evidence is that a child's identity is important and in the vast majority of cases it is essential for a child's long term emotional welfare to maintain relationships with both parents even if the behaviour by one of them or both leaves something to be desired. Unless there is evidence that children are suffering or at risk of suffering "significant harm" (see the Children Act 1989) that is why there is a high probability courts will award some form of contact.

Ongoing hostility towards contact may be seen as obstructive and/or an inability of the parent with the majority of care to put the interests of children before the issues between the parents. When this is the case the courts may award more contact/shared residence or more rarely change residence to underline the importance of both parents in the children's lives.

Newbabynewmum · 21/02/2011 14:53

Didn't realise I'd start such a thread here!

Thanks for all the varying advice - I just wanted some help from people who have been in a similar-ish situation that's all.

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