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Could a judge order me to let my ex take DS to see my mum?

13 replies

ImBetterThanYou · 17/05/2012 21:59

I'm going to court over my ex getting access to DS, it stopped because he refused to take DS unless my mother was there. I've never been to court before and I don't know how it all works.

I stopped contact with my mother when DS was 1yrs old but 2 years later when exP and I split he suddenly changed his mind about my mother and wanted to take DS to see her which I believe is completely out of spite towards me. He is emotionally and verbally abusive ( he's been charged before, I've had an injunction granted against him and DS and I stayed in a womans refuge to get away from him in the past too ) and tries anything to hurt me - when we were together he completely supported and encouraged stopping access between DS and my mother.

Would I be able to enforce that DS doesn't see my mother when in the care of exp or will the judge be able to order that ex can take him to see her?

OP posts:
cestlavielife · 17/05/2012 23:10

Unless she a serious welfare risk then I don't see how it can be stopped.

If your ex has unsupervised access he can take your ds to visit with whoever he wants .
Just as you can take ds to visit your ex.s parents if you want to .

ImBetterThanYou · 17/05/2012 23:35

She is a welfare risk though.

OP posts:
LaurieFairyCake · 17/05/2012 23:46

Is she a welfare risk to him though?

Or just a crappy parent to you? If he gets access he will deemed to be suitable and he can take him to see anyone

ImBetterThanYou · 17/05/2012 23:46

But I've not got any proof though, apart from her husbands violence, his time spent in jail and her schizophrenia it would just be my word against their IYSWIM, would a judge take my concerns seriously or would he/she only rely on written proof of any welfare risk?

OP posts:
Olympia2012 · 17/05/2012 23:56

She is mentally ill? What has she attempted to do before ( to your son)

Collaborate · 17/05/2012 23:59

Then you'd need to cross-apply for a prohibited steps order to prevent your mother seeing your child.

ImBetterThanYou · 18/05/2012 00:04

Olympia, the most recent thing she's done when exp took DS to see her without me knowing was telling him he didn't have asd and that I'd made it up, he is only 5yrs old and was very upset and confused.

collaborate, how would I go about that?

OP posts:
Collaborate · 18/05/2012 07:45

Court Form C2.

Collaborate · 18/05/2012 07:47

I can't make any warranty about the strength of your case though. You need strong evidence that your mother having contact with your child will result in physical or emotional harm.

cestlavielife · 18/05/2012 16:12

"telling him he didn't have asd and that I'd made it up" that doesnt necessarily consitute serious welfare issue.
you would need a lot more than that.

ImBetterThanYou · 19/05/2012 12:13

She's also an alcoholic, and when I did have contact with her she was always drunk around my DS, she'd offer to babysit while I was at work and would go out to the pub (during the day) and get so drunk first that she'd be falling over.

Her husband is very violent and has been in and out of jail several times for violence, and he also has an alcohol problem and takes drugs, he keeps drugs at home and before I stopped contact he'd keep a bag of speed in the drawer next to the bed my son slept in (as soon as I found this out I stopped him staying there obv) and takes drugs infront of my young teenage sister too. I invited them over for Christmas and they got very drunk and he dropped his extacy pills on the floor and couldn't find them for about an hour while there were 3 young children running around.

He is violent towards my younger sister and during one of his 'bad weeks' he took a hammer and smashed up their livingroom, tele, furniture, then went upstairs and tried to kill my mother, he was then arrested but was released on bail but banned from entering their street but turned up when my young sister (she was 17) was home and smashed in the back door trying to get in, until the police arrested him.

After that my mum asked my sister to leave so he could move back in with her. He's threatened to 'kick my fucking head in' for asking him for help to help her cut back on drinking and she supported this behaviour towards me.

She has people who drink (to excess), take drugs, are violent etc in her home all the time, one heroin addict slit his throat on her doorstep.

She's followed me through the local shopping centre screaming abuse at me while I had DS and gets so drunk that neighbours have to carry her home. Her husband tried to convince my exp to sell drugs from our home for him and she supported this too.

She is incredibly manipulative and emotionally abusive, I was trying to use the asd as an example of this, I believe this is emotional abuse and tbh I can't think of any reason why this would be acceptable?

OP posts:
ImBetterThanYou · 19/05/2012 12:18

Sorry I should have said that at the start but I was worried about being recognised but I'll nm after instead. Some of these things I don't have proof for either so wasn't sure if they would be relevant in court, would a judge need proof or would he/she take what I say into consideration?

OP posts:
cestlavielife · 20/05/2012 22:20

Yes you need proof and police reports etc. you need to be able to present evidence. Your say so means nothing without proof or evidence or witnesses.

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