How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Family Law Question Here...
Harris is online now

Can my daughter get an injunction to keep the biological

Resolved Question:

Can my daughter get an injunction to keep the biological father of her son away from them, he has never had anything to do with the child since he was born. He tends top up every couple of years to cause trouble,he has never had any contact with the child ,he doesn't know him.my daughter is married to the man who brought him up for nearly seven years,he has been with my daughter since before my grandson was born, can you advise me on what to do next , thankyou kind regards lynn
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Is there any domestic violence, risk of violence or any threats or abuse from him towards her?

- How old is your grandson and when was the last time the father had contact with him?

Customer: replied 1 year ago.
When she was pregnant he threatened to kick the baby out of her,he has screamed and shouted her in the town centre ,she tends not to go up the town with her children, my grandson will be seven in September.the only contact was when he was maybe about one month old, we actually let him see the baby he can I think twice for an hour then he started making phone calls on his mobile, then started shouting at who ever he was doing bussiness with, and it was then my husband asked him to leaveand that was over six years ago.he has had no contact with the child since then
Expert:  Harris replied 1 year ago.

Thank you. For her to be able to get a non-molestation order (which is an injunction), she will need to prove that there is an imminent risk to her safety. If there have been no recent incidents of threats or violence she will find it difficult to persuade a judge that an order is necessary, especially if he is out of contact.

In the circumstances, I would suggest that if he contacts, or attempts to contact her for her to write a formal warning letter to him requesting that he does not contact her and in the event that he breaches the warning letter and she feels at risk she can then apply to court under form FL401 to her local family court for a non-molestation order.

You should also be aware that if she is in immediate risk she should call the police who are the first port of call in such circumstances and can immediately assist.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Harris and other Family Law Specialists are ready to help you