Will ex try to see baby?

[Missloveyou]

Previously posted this in "Relationships" but feel that legal might be more appropriate
My ex was charged with domestic abuse against me just before I found out I was pregnant. He was aware I was pregnant, had wanted to be involved but thankfully met someone just before baby was born and I heard no more from him after that.
So this case went to court last year (delayed due to covid) and he was given one years community service and two years supervision where he has to see a social worker and report to police for two years.
The guy lives local with his partner so he's seen me and baby out and about often but I've heard nothing from him. I'm content being a single mum and have no interest in the guy what so ever. We dont need or what him involved at all but I'm slightly concerned that as his year of community service is about to be over that he will now make moves to be involved with baby.
Is this likely?
Would he have had to wait until the community service was over until he could instruct lawyers to make contact? Would he have to wait until the 2 year court supervision is over?
He's not on the birth certificate and we've had zero contact.
i just want to be prepared if its likely to happen.
Anyone have any experience of this?

No-one can tell you whether he will want contact with his child. However, he could have applied at any time. The fact he was doing community service and is under court supervision is irrelevant to whether he can apply.

Is your abuser named as the father on the birth cert?

He could have took you to court anytime regardless of his punishment.

I suspect if he wanted contact that even if he was useless he would approach you before a solicitor! Imagine going to a solicitor and telling them you’d not even asked for contact? Duh???!!!!!!

@prh47bridge Thank you for your reply. That's good to hear. That hopefully means that he's not interested and won't be making an appearance anytime soon x

@mathanxiety He's not on the birth certificate and has never met the baby.

Sorry, just saw he's not.

He would have to apply for parental rights as he's not on the BC.

Factual elements against this:
Found guilty of abuse.
Lost interest in the baby as soon as new relationship started.
No demonstrated interest in the baby despite living locally.

Elements potentially in his favour:
Misguided idea of family court judges that a baby needs a father in his or her life, and no matter what sort of a cunt a man is, he's a benefit to the baby.

If he tries to get contact established, please get legal help. Abusers often use the necessary contact around shared children to further abuse their victims.

You should call Women's Aid to get advice about this. They are there to support victims of abuse.
0808 2000 247

@Quitelikeit I have a court ordered 3 year non harrasment order against him so he can't approach me personally but he's had over 2 years to get in touch via a lawyer, etc and he hasn't so hopefully that would go against him in future if he ever did try for contact? The fact he in lives close by and yet has never attempted contact with baby, asked to go on the birth certificate or offered anything financially.

@mathanxiety Thank you. It's good to know that his lack of interest in baby might go against him if he trys for contact in future. He lives just a few minutes walk from me so we walk past each other on a regular basis and he's never even glaced at baby so hopefully that will continue.

If I were you, and it were at all possible, I would move.

Three year non-mol orders are not given out lightly.

I would say you're safe until his current relationship goes tits up.

Do call Women's Aid just to see if they can offer any advice.

@mathanxiety The plan is to move ASAP. Unfortunately with work and childcare I can't do it as quickly as I'd like to but it will be happening before the end of the year.
Yes I totally agree. The only reason it's all quiet is because he's with his partner.
Is a 3 year non harrasment order quite a serious one? Does that mean the judge has/had concerns? Thanks again for all your advice.

You seem to be really on top of things. Hope your future move goes smoothly. You might find exP starts to make noises after you move - while you're close by he may feel he is keeping an eye on you and you're under his control, but moving away where he can't cross paths might trigger ideas of finding other ways of getting into your life.

You are so lucky (or clearsighted) that he is not on the BC. Attempts by him to establish contact with the DC after you move could be construed by the police as harassment because he has no right to see the baby without that name on the BC.

@mathanxiety if OP is not married, then the father couldn't be on the birth certificate? To be on the birth certificate he'd have to have accompanied the mother to register baby, at least it was the case that a single woman couldn't put a father without his presence and consent.

If the couple are married, the father automatically has parental rights.

If not married or in a civil partnership, then the mother can choose not to put the father's name on the BC, and he then has no parental rights.

If a father tries to get his name on the BC by means of a court order, and against the wishes of the mother, he would have to prove he is the biological father, but he cannot acquire parental rights by dint of the new BC if he chooses to do this.

In this case, he will need a separate Parental Responsibility Order issued by a judge, who will consider all details and arguments both for and against awarding Parental Responsibility.

You don't need to have parental responsibility in order to ask for contact with a child. The only significance of him not being named on the BC is that the OP could if she wanted delay any court proceedings by claiming he is not the father (assuming she's not ever applied for child support), but that would just delay things while they do a DNA test and probably piss off the judge and the ex, so not a good idea.

But you can only apply to court for contact if you've first asked the parent who has the child for contact and not been given what you want. He could do this any time he wants, but does sound like he's not interested for now at least.

As @Fireyflies says, you don't need parental responsibility (NOT parental rights) to apply for a Child Arrangements Order. That is another myth that is frequently repeated on Mumsnet. The father is entitled to apply for an order regardless of whether he has PR.

@Fireyflies I have a court ordered non harrasment order against him so hes not allowed to contact me personally and I'm sure the judge actually told him when he was in court for the Domestic Abuse charge that if he wanted contact with baby then he'd have to do it through legal means. So I'm keeping my fingers crossed that, as he's not attempted to do that so far, it means he's just not interested in baby and will hopefully leave us alone x

@mathanxiety if the mother is unmarried then she can't choose to put the father on the birth certificate if he's not present.

@buggeringbuggery yes he disappeared just before baby was born and made no attempt to contact me regarding baby so he's not on the birth certificate. He would have had to been there or give his permission for me to put him on.