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the dreaded thing has happened

27 replies

redpyjamas · 25/02/2009 23:17

The papers for my ex applying for a contact order arrived yesterday.
He is abusive, controlling, narsissistic (sp?) and generally completely unsuitable to see the children unsupervised. Apart from anything, there is a substantial risk of abduction, but how do I prove such a thing?
So far he has chosen to see them only 4 times (in 6 years)in a contact centre as I insist on that, and contacted them by letter a handful of times.

Please, I just want someone with experience to tell me what the chances are that he would win the right to have unsupervised access.

what can I do?

is there a chance that he'll lose interest and drop the matter? I mean, he does not even live in this country, and is not genuinally that bothered with the children. He just likes control. That is why he is doing this. Why now, after 6 years?

I am so upset, as you can probably tell.

Any positive reassurance, or personal experience welcome.

I know I need to sort out a solicitor. Just wanted to hear some helpful words before that...

OP posts:
N1 · 01/03/2009 18:41

Gillick competence is usually reached for a child at the age of 12 (about). The gillick standard is usually for a child making decisions about medical treatments (or refusing medical treatment or procedure) and the process involved a GP who discovers if the child can make an informed decision based on the info they are given. The child needs to demonstrate to a doctor that they can reason a thought process out and consider the options and possible consequences.

Courts use the Gillick standard as a guide because the child is being asked to make a decision about their future.

A high court is usually asked to make the decision about a child instructing their own solicitor. The matter can then be transfered back to County court.

A child age 11 who is clever and mature for their age can be seen to be borderline Gillick competent. A slippery lawyer can contest a 12 year old being gillick competent and push an issue of a guardain being appointed. Guardians seem to rarely be helpful, but don't take my word for that.

mrsmortenharket · 03/03/2009 10:52

thanks n1

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