Edam father's don't have rights as such and I never refered to the father has having a right to see his child. He has responsibilities though.
It is the child who has a right to a relationship with both parents. Mum would have to show why stoping that would be in the best interests of the child. And the court is unlikely to give him every other weekend just like that. They will want to see gradual and increasing contact over several months. That gives him the chance to show he is genuine, able and willing to meet his responsibilities. they will also want to see compromise and agreement between the parents wherever possible.
And i am sympathetic because i have seen first hand the devestating effect it can have on a parent (mum or dad) to be excluded and have contact cut off and then made almost impossible and every little thing a battle and an process through the courts. It takes its toll and many father's (and mother's) give up trying because it is emotionally distressing and sometimes impossible for them to continue. And it is not a rare thing, I have been in contact with many parents (mostly dad's but some mum's too) who are expected to jump through hoops by their ex, have contact constantly cancelled with petty excuses, and have false allegations made against them of DV etc.
I am not saying this is the case here, but I am asking why she hopes the court will prevent any contact.
Yes there are parents out their who abandon their chilren, but if someone reappears i think it is best to ask first why mum is against contact and if it's simply because dad vanished then surely it's better to encourage a way forward (a way that the courts will also require) rather than saying 'oh he's a sod tell him to go away'.
There's two sides to every story. After three years doesn't he at least deserve the chance to show he has changed and is ready to accept his responsibilities?
Gilly