Can non-res parent making personal injury claim for DC?

[PlainWhiteTee]

That's it really. DS was involved in road traffic accident recently and my abusive STBXH messaged me to say he's lodged a personal injury claim with a lawyer on their behalf. I don't want him involved. Can he do it? Can I stop him?

Who was with him at the time?

He was on public transport with friends, neither STBXH nor myself were with him.

Why don't you want him involved? He is the child's father.

He is a controlling, emotionally abusive bully (that's why he is STBXH). He sees our DS one day a month. That's why I don't want him involved.

You can't stop the claim from being brought, no (unless you can demonstrate that your child wasn't injured).

However the solicitor instructed acts for the benefit of the child claimant, so if you can demonstrate that he shouldn't be the 'litigation friend' (person who gives instructions on behalf of a child) they may agree to take instructions from you instead.

I agree with Treater. However it is probably going to be just a few letters to show who was where and when. I would write to the solicitor and keep a copy (if you know their details) and just in a few sentences without any emotion or detail say you are just writing to let them know the child lives with you, that you were not consulted over the claim but you are happy for it to proceed and they should seek instructions from both of you if any decisions need to be made and that you would like any compensation recovered put in an account in [ name neutral third party who is not your side of the family or his] or g it might be that you think it best it be spend on school fees or it might be £500 only and then I would just let the father deal with it as it's not big enough to fuss over.

For a child under 18 any compensation awarded is invested by the court funds office. It isn't paid to parents. The child is given access to the money once they are 18.

The litigation friend can be any member of the family, parent, grandparent etc. Unless there is a good reason (you feel he is going to give the solicitor misleading or inaccurate information) just let him go ahead.

Were you intending to instruct a solicitor yourself re your sons accident and he's just beaten you to it? Or had you not planned to make a claim?