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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Need advice quickly on rights to access child

7 replies

TearingMyHairOut · 01/01/2009 18:56

My brother's wife walked out yesterday, taking his ds1 age 2.5 with her. Aside from being devastated as she is asking for divorce etc, he is inconsolable because she will not let him access his child. Can anyone tell me what short-term rights he has to enable contact with his son or can she just prevent it until legal action is sought. She is refusing to compromise/ discuss anything and will not see him or speak to him on the phone. He has done the lion's share of childcare since the birth as she is a Deputy Head at Secondary and very busy with that. This seems to be a repeat of what happened with her previous husband, and she completely screwed him over and now he does not see the children at all.
Any advice on long-term strategies to prevent her denying him all rights would be greatly appreciated.
thanks

OP posts:
NAB3lovelychildren · 01/01/2009 19:04

I have no idea but wanted to send sympathy. Sounds an awful thing for her to do. I suggest he sees a solicitor asap.

BBeingpatient · 01/01/2009 19:05

firstly, you have to remember that, as will be natural, you are hearing and taking your brothers side of things, so some of the responses you may will get will not be pleasant to hear, as this lady must have her reasons for leaving, and you cannot demonise er for that. Everyone's heart is a fortress after all.
As i understand it if she is being unreasonable about contact, the court can impose an order for visitation but i am not sure how quickly this can be imposed. Orders are genereally only placed quickly to prevent a partner leaving the country, so whilst it seems unfair, your brother will not get access if she doesnt want to grant it, without the help of the court.

NAB3lovelychildren · 01/01/2009 19:12

It doesn't seem unfair it IS unfair. I am sure if he had taken the child and was refusing her access there would be an uproar.

edam · 01/01/2009 19:14

Your brother needs legal advice asap.

BBeingpatient · 01/01/2009 19:33

nab thats not untrue, and imo it is unfair, but it wont help the op or her brother by judging the woman involved, or by the op tying themselves up ina knot over the unfairness of it.... that is the point i was trying to put accross, the pragmatic angle rather than the emotional

stroppyknickers · 01/01/2009 19:36

as far as i know, she can deny access until he obtains a court order. Theoretically, she can still mess about, not turn up, not be in etc, and risk some sort of court imposed penalty for refusing tp comply with the court order. no short term fix as far as i am aware, but my info is from several years ago.

N1 · 01/01/2009 20:53

The child was ordinarily resident at the home the mother left. The child should be kept in a familiar place.

The parent who remains in the family home should make an urgent application to court asking for interim residence order and residence order. The remaining parent might ask for a prohibited steps order ordering the "running" parent not to remove the child from his/her home.

Present the Judge with evidence that the remaining parent can care for the child, that the child was at the home till the "running" parent removed the child.

Show the Judge (photo's) of where the child will continue to live if the Court makes an interim residence order.

Tell the court about any medical needs the child might have.

Tell the court about any people who are available to help care for the child, if the Court makes an interim residence order.

Is the child still breast feeding? If yes, ignore the advice (for now) and opt for an application to court for a contact order (and interim contact order).

Finally, you should tell the court about the interim contact proposals and how the remaining parent plans on promoting contact and arranging contact.

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