EH taking me to court

[twomadefour]

This is for my friend who doesn't have an account here

She left her EH 4 years ago after her Ex father in law abused her daughter. EH didn't believe it happened

He hasn't been in touch much for 4 years. Only odd times and has randomly sent letters trying to get in touch. He Knows where friend lives but has never been to visit. Now married with new child.

He works bit only gives £6 a week in child support.

Right-so he has now contacted the family support courts and wants to build a relationship with the child. Who is now 8.

Is it reasonable for her to fight the case. What is the likelihood of her stopping him seeing the child.
It's going to cost her £1000+ for each visit to court which will likely end in a bill of £3000plus.

Just some advice needed please.

I would suggest his dw has pushed him to seek contact. Which would likely be indirect contact to begin with. So him writing letters to the dc.
Can you see him doing that?
Think not after 4 years.

If she goes to Court your friend can represent herself, she doesn't need to pay anything.

She needs to get legal advice

If he wants contact I'm afraid he's likely to get it. As there has been a long absence it may start as as only a little contact and build from there but the courts push for children to have contact with both parents.

How much he pays is irrelevant to the court.

As PP said, she can self represent. It might be best to visit a solicitor first though so she has a full understanding of the process etc.

Why does she want to fight the case?
He's the child's father. Presumably the father isn't a danger to the child, although FIL is.
She needs to educate and protect the child from FIL but a child has a right to see their own father. And ultimately to realise themselves that he's an unreliable waste of space.

She should take the matter to the police if she wants the accusations against his father to hold any weight, by the way.

It really doesn't always serve people well to represent themselves I court. Your friend should look at whether or not she can access legal aid. Did she report the abuse at the time? If not any claims about this in court could be looked at as hearsay to avoid contact. If so then she may have a case to stop her exh from taking child to visit his father but the courts might still decide that as HE wasnt abusive then access is reasonable. As the child hasn't had a relationship with him for a while they may advise contact in a contact centre for a while. They will be reluctant to change the child's ordinary routines too much but the courts work on the basis that where it is safe and possible, it is better for children to have a relationship with both of their parents.

She needs to seek legal advice. Unless their was domestic abuse they will have to attend a mediation session (not in Scotland ). Mediation may be a cheaper and better option all round.