PR

[mummy20108]

Hi
Sorry v complicated me and my husband have 4 children. Baby number 3 is not biologically his :( we split up for @18months and I got caught pregnant by someone else. Anyway my hubby has brought the child up since she was 8 weeks old (she is now 2). She thinks he is daddy and is a v happy little un. Ex (her bio dad) has had no contact since she was 3 weeks old he's in and out of prison and is a complete D$%K!! When she was 13 months he suddenly decided he wanted contact and it is still going through court next hearing in 2 weeks. I am opposing contact as I don't think he's suitable to be around my child. I have recently apllied for a Residency order which I was granted as he has made threats to take her and also applied to change her name to mine and hubbys and other kids which was also granted :). Hubbly obviously has PR for the other kids but not baby number 3. We have been told by the court he can apply for it but if ex refuses what happens.
Sorry its complicated

If he is her father then unless there is a clear danger to her from him then I don't see why he can't have access.

I think one of the most worrying things is that the child's bio father has not seen her since she was 3 weeks old and is therefore a stranger to him. Presumably you are involved with CAFCASS if this is in the family court. I think your ex's offending behaviour will be taken into account obviously. It is a good sign that you have been granted a Residence Order and to change her name to the same as the rest of the family.

On the other hand, the bio father does have the right to make application for contact, which he has clearly done. What are the circumstances surrounding the issue of him making threats to "take her" - are the court aware of this. You must have been interviewed by the CAFCASS worker, so you will have been able to put your sideof the case. Are you legally represented. You say he is a danger but the court will need evidence of this.

The issue of PR for your DH is something you need to take up with your lawyer. It is possible for him to get PR regardless of the wishes of your ex husband, but he can also retain PR, so it is not a case of either /or. If you google Parental Responsibility, you will find all the info you need. Do remember to stick to what is in the child's best needs, rather than flaming your ex. Judges get sick of this and sometimes parents do this and the welfare and best interests of the child seem to take second place.

IF contact is awarded, it would be supervised at a contact centre initially.

Thanks NanaNina, Yes he is a stranger to her she will not have no clue who he is. Cafcass is involved but I han't heard from them yet. I am not legally represented. The court have all the evidence of all his violence, prison sentences, problems with drink etc.

Hi mummy20108 - CAFCASS will get around to talking with you, they are just overwhelmed with work as I think I said. I am wondering why you are not consulting a lawyer especially if you qualify for legal aid - even if you don't, it is something to consider as you may not have to pay the full cost, dependent upon your incomings and outgoings.

Hi
I do not qualify for legal aid and I would have to pay the full cost

babyheave sorry just seen your comment yes he is her "Father" but as I put he has been in prison and hasn't seen her since she was 3 weeks old. If I didn't think he was a danger then I wouldn't be disallowing access