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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33313
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi I have a question for you. I was married to my sons father

Customer Question

Hi I have a question for you. I was married to my sons father at the time of birth and soon was separated, he was tried to harm me later on and was convicted of GBH. He was sent to Prison and was released 2 years ago. He is now demanding visitation rights. Can I oppose to this?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child now and when did the father last see him
Clare
Customer: replied 2 years ago.
My son is now 7 years old and his father has never seen him .
Expert:  Clare replied 2 years ago.
Hi
What contact has he actually asked for?
Clare
Customer: replied 2 years ago.
He has asked for visitation rights
Expert:  Clare replied 2 years ago.
Hi
Has he specified what he actually wants?
has he indicted what courses/work he has done to prove he has "changed"
Clare
Customer: replied 2 years ago.
He has not specified any sort of change at all. All the papers say is that there is a court hearing in which he wants visitation rights.
Expert:  Clare replied 2 years ago.
Hi
When is the first hearing - and did he approach you at all prior to issuing the court application?
Clare
Customer: replied 2 years ago.
The first hearing is on the beginning of May and I was not consulted at all before this.
Expert:  Clare replied 2 years ago.
Hi
The law says that a child is entitled to contact with both parents provided it is safe
The Courts do also accept that people can change
So the fact that there has been Domestic Violence between you is not something that means no contact automatically.
However the court is likely to have concerns about the aggressive approach he has made.
He could have written and explained what actions he has taken to change; he could have asked if you would consider starting contact on a gradual basis - instead he went straight for the court option
Do not simple say No to contact - even though I know that is what you wish to do
Instead say that you are willing to consider contact of your ex can show that he has addressed the issues of Domestic Violence and if he accepts that there will have to be a gradual introduction - maybe letters and cards first and then meeting at a Contact Centre
From what you have said your ex will reject this - and that is fine because he is not going to get anything more via the courts and that way HE is refusing - not you.
I hope that this is of assistance - please ask if you need further details
Clare

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