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Parenting

For free parenting resources please check out the Early Years Alliance's Family Corner.

Ex taking me to court

15 replies

Jess123456 · 30/06/2021 18:46

Ex taking me to court. He has supervised access. He can see him anytime he wants. Due to the child have medical problems. And father not capable or responsible. He’s looking 50/50. Dosen drive. Drink problem. Abusive and emotional abusive. Any one any experience of the courts . The child is 3 years old

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doodleZ1 · 30/06/2021 19:02

From family experience and again a 3 year old the judge just said you must go to mediation. The mother just kept refusing everything and got her way. So it wasn't 50/50. This was Scotland

Jess123456 · 30/06/2021 19:24

Thanks for your reply. It’s a wonder she got her way. Why do you think this was.

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Mayaspecialist · 30/06/2021 19:26

Did a court order the original supervised access?

Of not document everything, I mean everything.

Chances are he won't take it to court because he won't want to pay. But get everything you can together, just in case.

Jess123456 · 30/06/2021 19:28

Hi no court didn’t order it. But it’s already went to court. Waiting referral for ss worker

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Mayaspecialist · 30/06/2021 19:29

Oh he has already started the process?

Wallywobbles · 30/06/2021 19:32

Get good advice from a lawyer who knows what they are talking about.

It seems incredibly unlikely they'll get 50/50. But try and think about if there might be some positives for you if he does get fixed access. If he got every other weekend for example it would give you some respite so maybe try and make it work for you.

Jess123456 · 30/06/2021 19:32

Hi court didn’t order supervised. But he has already started the process. Waiting on a referral for ss worker. He wants control. It’s all about him and not what’s best for the child

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Jess123456 · 30/06/2021 19:34

Hi Wally wobbles this would be good but I strongly believe that the child is at risk under his care.

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Daydrambeliever · 30/06/2021 19:38

When you say he has "supervised contact" do you mean he has contact with your child with you or another family member present or does it mean he has contact in a contact centre with a trained member of staff in the room.

In my experience if there is CLEAR EVIDENCE that a parent has drug or alcohol issues that impair their ability to care for a child then the court may order (temporarily) supervised contact in a contact centre and a report to be written by staff and produced for the court. They will make a more long term decision at this point.

If his "supervised contact" is more informal then you might want to ask the court to formalise it. They will need to be convinced that his drinking prevents him from parenting (not just that you don't like how much he drinks) and that you have evidence of abuse . Given his current levels of contact and your child's age it isn't likely that he would immediately get 50/50.

It would be in your best interest to speak to a solicitor.

Jess123456 · 30/06/2021 19:46

He has supervised contact with me there, but this is becoming extremely difficult. Supervised has never been a problem until I refused to be in a relationship with him. He’s an compulsive lier I do not trust anything that he says

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BewareTheBeardedDragon · 30/06/2021 20:07

My experience of family court is that they will give the non resident parent the benefit of the doubt wherever possible, and will only believe allegations made by the resident parent if there is either written evidence or the NRP admits the allegation. Make sure you present any and every piece of written evidence of any abuse or substance problems, and back this up with very clear and detailed arguments referencing the written evidence. Do not hold back thinking that it's better to be brief in your written submissions to court. It's not - it's better to be detailed and clear even if it's long (bitter experience of hindsight).

Jess123456 · 30/06/2021 20:12

Ok thank you I’ve already started gathering evidence

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Theunamedcat · 30/06/2021 20:14

Unofficial supervision will not be taken into account he will most likely claim you were still in a relationship with him

You need actual evidence not just the belief that he is unsuitable

Jess123456 · 30/06/2021 20:48

I have evidence of him stating he will wise up and stop causing rows. Of him stating he will see someone about his drinking, me stating where only friends. Etc

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Daydrambeliever · 30/06/2021 23:47

It is better for children to have a good relationship with both of their parents so courts will try to accommodate that - unless you can be very specific about why your child would be unsafe in his company.

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