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Can my db issue a writ to stop his dd visiting us while my dh is in house?

14 replies

Zakinthos · 07/09/2012 21:16

Long story but my db does seem to have some mental health issues and recently had an argument with my dh where db threw a glass of wine over dh (see my previous thread - don't know how to link it). Db now hates dh and has just sent me a message to request that I undertake never to let his dd visit if dh is present. If I don't agree to this he has stated that he will issue a writ to stop this happening. He does not have custody of his dd - she lives in another country with his ex (who I get on ok with). He will not currently accept my calls to try to talk to him.
Any legal experts out there? I am tempted to tell him to go ahead and issue whatever writs he wants.

OP posts:
BlackberryIce · 07/09/2012 21:29

I am no legal person but I doubt very much he could!!

How old is his dd?

olgaga · 07/09/2012 21:37

Just completely ignore him, don't get embroiled and treat him as though he doesn't exist.

Zakinthos · 07/09/2012 22:06

His Dd is 14. I want to ignore him but he is my db and I feel sad that it has come to this. He has a history of bearing grudges and always thinks he is right.
His ex is keen for their dd to keep in contact with us .

OP posts:
OrangeandGoldMrsDeVere · 07/09/2012 22:10

Hmmm.
Someone who knows better can put me right but he may try for some sort of prohibitive steps order.
Sometimes conditions can be attached to residency/contact orders.
BUT as dd is not uk resident and mother has residency and he would have to go to court AND he doesn't seem to have reasonable cause..
I would say no.

But hopefully legal bod will come along and give you proper advice.

Zakinthos · 07/09/2012 22:36

Thanks Orange - will see if anyone else has any thoughts!

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wellwisher · 07/09/2012 22:43

How does the DD feel? Even if her father did manage to bring some kind of court case, she is of an age where a judge would give a lot of weight to her views.

Collaborate · 07/09/2012 23:56

Prohibited steps orders can only be obtained against someone with parental responsibility, so you're OK. There's nothing he can do. At 14, it's up to your neice.

OrangeandGoldMrsDeVere · 08/09/2012 08:14

Thanks Collaberate.
But could he take the pso against mother?
In the way for e.g some parents can't travel with children or take them to certain places?

Personally I don't think he has a leg to stand on. Afaik he can't take a private case, he would have to go through family law and I can't see what grounds he has.

Zakinthos · 08/09/2012 08:27

His dd or his ex do not know about this yet - his ex has complained about his anger issues before and I thought if I told her about wine throwing incident etc. it would only give more weight to her argument that he is not a fit parent!
He definitely does not have reasonable cause but he would just lie and exaggerate facts I think .

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mumblechum1 · 08/09/2012 09:41

He doesn't have a chance in hell.

HTH Smile

Zakinthos · 08/09/2012 12:26

Thanks everyone - I will see how things go. I'm hoping he will see reason with time. I don't want to fall out with him as it would upset our elderly dm.
Thanks again

OP posts:
ZillionChocolate · 09/09/2012 11:53

Frankly, any attempt by him to issue proceedings against you or his Ex to prevent DN coming into contact with your DH (provided that DH isn't sexually/physically abusive or dangerous) is only likely to undermine his own relationship with DN. I wouldn't engage with him on this issue.

babybarrister · 10/09/2012 09:37

This reply has been deleted

Message withdrawn at poster's request.

ZiaMaria · 10/09/2012 09:43

As mumblechum says - he has no chance.

Simply put, he is being an idiot and no court is going to assist him in his quest.

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