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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34126
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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I am in the process of separating form my partner (father of

Customer Question

Good afternoon,
I am in the process of separating form my partner (father of child, civil partnership) with shared custody. Due to concerns about fathers alcohol consumption I would like to establish what the right way is for visitation, does the visitation has to be under supervision, can I be the supervising person?
if not, what is the advisable process to reach a conclusion most beneficial to the child?
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

How old is the child and how has care been shared until now?

Customer: replied 10 months ago.
2y11 months, we are living together currently so there was not question of custody, apologies not shared as per legal term, my mistake.
Expert:  Clare replied 10 months ago.

What is your specific concern about the father having contact?

Customer: replied 10 months ago.
I absolutely want him to be able to have a relation ship and contact however i am concerned about his alcohol consumption and i want to ensure that he is not under influence when with her. at least for the initial time.
Expert:  Clare replied 10 months ago.

How often is he drunk?

Does he have a record of Drink driving or drink related offences?

Customer: replied 10 months ago.
he drinks approximately 3 -4 times a week outside of the house (pub/socialising, never at home). no record, drink driving court case has been dropped due to process mistake.
Expert:  Clare replied 10 months ago.

How often has he come home drunk?

Customer: replied 10 months ago.
3 times a week at least.
Customer: replied 10 months ago.
i kept a record from June just in case in preparation of separation and average 3 times a week. different degrees of drunk but in some instances with passive aggressive behavior. Further in last 3 months he came home completely drunk in the morning. i suspect drug consumption too but cannot prove yet.
Expert:  Clare replied 10 months ago.

Does he drink during the day?

Customer: replied 10 months ago.
some times he starts around 3/4pm or after work which oscillates around 5 pm.
Expert:  Clare replied 10 months ago.

So contact during the day at the weekend would be safe?

Customer: replied 10 months ago.
if he is not hangover form last night.
Expert:  Clare replied 10 months ago.

How would a hangover be a problem at say 10am?

I am asking these questions because this is the approach that the court will take

The law says that a child is entitled to ocntact with both parents and the courts will enforce this if necessary

Nothing that you have said suggests that supervised ocntact is likely to be ordered - and if it is it certainly cannot be supervised by you

This does not mean that your concerns are not important - just that they can be managed in a way that keeps the child safe - so 10 until 4 on a saturday with hand overs at a local Contact Centre could work.

If he turned up drunk the centre would record it, refuse the ocntact and provide you with evidence of the problem.

Your starting point is to try and discuss matters with your ex using Family Mediation

www.familymediationhelpline.co.uk

If your ex will not accept your offer then you would have little to fear as the offer would be seen as reasonable given your concerns

Please ask if you need further details

Customer: replied 10 months ago.
thank you.