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Can I stop child staying overnight?

11 replies

BirdOfParadiseLady · 17/10/2018 19:39

My stbxh & I currently have 50/50 shared care.

There is a family member that I don’t want my child having overnight stays with - can I legally enforce this?

OP posts:
ZigZagZebras · 17/10/2018 19:41

You can apply for a prohibited steps order.
If you have proof of valid concerns they should grant one.

BirdOfParadiseLady · 17/10/2018 19:43

Thanks, I have been in contact with a solicitor previously when I didn’t think it was a real threat but looks like it’s about to become one.

Do I need a solicitor to draw this up for me?

OP posts:
Aprilislonggone · 17/10/2018 19:43

If the family member has a criminal record for offenses against dc yes.
If it because you simply don't want them to then no.. In your exes care he gets to decide who is around his dc unfortunately.
Ime...

ZigZagZebras · 17/10/2018 19:44

In the mean time, contact social services, inform them of the possible risk to your child (that stbx may allow overnights or unsupervised contact with this person) and they likely will contact him and tell him not to allow contact unsupervised until the court has seen the case.

ZigZagZebras · 17/10/2018 19:46

You don't need a solicitor, but if you find it confusing researching or filling in the forms then it may help you.

BirdOfParadiseLady · 17/10/2018 19:49

Thanks all, just been researching prohibitive steps order & looks like we need to go to mediation first which I think is probably what we need at this stage but unfortunately I’m dealing with a narcissist so not sure how far that will get me.

OP posts:
prh47bridge · 18/10/2018 07:34

The central question is whether you can convince the court that you have valid concerns. Simply not liking this family member will not be enough.

BirdOfParadiseLady · 18/10/2018 08:14

Family member is an alleged but acquitted child abuser - not sure how likely I am to get court to agree if he was found not guilty.

I personally think he did I it hence me trying to protect my child.

OP posts:
Jackshouse · 18/10/2018 08:19

Clare law or Sarah law - can’t remember which is for children, but the police maybe to give you more information.

Aprilislonggone · 18/10/2018 08:25

In the eyes of the law he hasn't done anything, would feel the same as you op. I tried to kerb my exh from keeping ds's overnight at his mates houses - where they slept in chairs in the lounge!! Got nowhere.
My barrister told me judges are reckless with other peoples dc.

ZigZagZebras · 18/10/2018 12:28

I would think you'd stand a chance, unless the person making the claim said they were lying and the case was dropped then not guilty just means there wasn't enough evidence not that they know it didn't happen.
I'd definitely speak to social services about your concerns ASAP.

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