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Contact issues

3 replies

Katietate1987 · 14/09/2014 17:44

My sons dad currently sees him on a Sunday usually 10 to 4, this is currently his only contact, our son is 3. I would be happy for him to have extra contact with his dad, perhaps one or two nights during the week. The problem is my stbxh wants our son over night, we split when he was 18 months, he's never had him over night even when together he never did much parenting and never got up during the night. Our son isn't a great sleeper and still wakes.

He's currently on bail and isn't allowed any contact with me, so my sister does the pick ups and drop off for contact. He's saying now he wants to go to court for overnight access, what are the chances of him being granted this? I think our son would struggle with staying over night with his dad so I would prefer him not to at the moment, but would be happy for him to once he's a little older.

Sorry for the length of this post. Thanks.

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bustrainwalkwalk · 14/09/2014 20:06

I don't get your post. Firstly you say you'd be happy with him to have extra contact perhaps one or two overnights and then say you don't want him to have overnights- unless I've read wrong.

You'd have to show the Court it's not in your child's best interests to have overnight contact. A Judge is likely to say if he's safe to have him a whole day then what difference is overnight. At 3 he's old enough to stay away- you'd have to prove it would be detrimental for him to do so.

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Katietate1987 · 14/09/2014 20:19

Sorry I meant evenings during the week, collect him, take him for dinner see him for a bit and bring him home after.

I'm reluctant for him to collect him from nursery as when this has happened in the past he's been late every time with nursery calling me to see who is collecting him. Hmm

He's generally very unreliable, doesn't provide anything for him in the way of maintenance, and clothing.

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starlight1234 · 14/09/2014 22:18

Is his bail something to do with treatment of you?

Is he likely to go to jail as I would think it is something once started it is something that should happen.

I honestly think once age 3 the courts wouldn't think he was too young. Have you thought about letting him have him overnight Sunday night and then he drops at nursery.


What are your actual concerns? It sounds from your post like there is an awful lot of background that gives you concerns and I guess these are the reasons may have some relevance in court but with a staightforward case of refular contact for 6 hours once a week for 18mnths yes I do think overnight would be granted.

You can seek legal advise and if there is doccumented evidence of DV then you will be entitled to legal aid

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