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Jo C.
Jo C., Barrister
Category: Family Law
Satisfied Customers: 70635
Experience:  Over 5 years in practice
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my ex and i never went to courts etc concerning our daughter

Customer Question

my ex and i never went to courts etc concerning our daughter but she lives with me and he sees her about once a month (f hes free!) now he has a controlling wife who wants to mussle in on knowing my daughter (4yrs) they live on the other side of the country and have no need to bond as my daughter never goes up there, her dad always comes down here (hes never asked and can barely look after her for 4 hrs, alwys needing his mum with him!)
i have ALWAYS specified i do not want is wife anywhere ner my daughter as she has on numberous times assaulted me via texts etc and is very controllig.
However, today i have learnt that 'dad' has introduced our daughter to the wife behind my back and against my daughters wishes (shes always said she doesnt want to eiher)
How can i legally go about ensuring this never happens again. Im furious and this has really affected my daughter knowing daddy lied to mummy (shes very loyal to me and extremely close to me)
Submitted: 4 years ago.
Category: Family Law
Expert:  Jo C. replied 4 years ago.
Hi

I'm very sorry but your position is not a strong one.

At least, if there is no court order in place then you are perfectly free to withdraw all contact.

However, the consequence of that may be that he will apply to court and he will be given contact.

In relation to an introduction to his wife, if he applied to the Court to be allowed to introduce his child to his wife then it would be allowed. There is no prospect of her being kept away from his wife long term. Clearly this is a relationship of long standing as she is his wife and he has been having regular contact with his daughter.

I'm very sorry but if he went to Court then its likely he would get a good deal more than once a month too.

Customer: replied 4 years ago.


Even when our daughter stronger asked not to see this wife of his??


 


The once a month was his terms not mine (not a great dad)


 


Can i legally do something (even courts) to ensure visits are agreed on (so i have a say in something)


 


Il do anything! Surely being her mother means i have some say!!


 

Expert:  Jo C. replied 4 years ago.
If she is 4 years old her wishes will not be considered really and, I'm afraid, there is a risk the court would take the view that you have encouraged her to say that.

If he went to court then the contact would be set down by the court and so you would lose all control except , of course, you could make representations.

Overall though, going to court would be very advantageous for him here.