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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good afternoon. A friend of mine is the separated mother of

Resolved Question:

Good afternoon. A friend of mine is the separated mother of a child, whose father is entitled to agreed periodic access to the child. The father has a criminal record for violence and persists in verbally abusing the mother whenever he calls at her house to collect or return the child. She fears that he may become violent at some times, furthermore is very traumatised by his foul and abusive language, especially when the child is present. Frequently when he enters her house, he will read her private letters etc and handle her property, thus invading her privacy. She is supportive of his continued access to their child, but is not happy that this entitles him to enter her house, abuse her and/or touch or interfere with her private property, thus would prefer a change in legal agreement whereby collection and return of the child does not allow his entry into her house.
Please may I have your views on this. Sincerely David
Submitted: 2 years ago.
Category: 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.
What makes her believe that he has the right to enter her house?
Clare
Customer: replied 2 years ago.
She does not know if the process of periodic passing of her son between her and the father, as ordained previously in court, includes his right to enter her house. That why, on her behalf I have approached you for advice and enlightenment on this point.
Until I receive informed opinion from legal experts as your company presentation implies, my assumption that he does not have the right to enter her house as part of the exchange process cannot be established. Please let me know the legal position on this point, which surely must have been established in previous cases. Your earliest reply will be much appreciated, both for the safety of the mother and the child.
Sincerely,
David
Expert:  Clare replied 2 years ago.
Hi
The fact that the father is having contact with the child does NOT entitle that father to enter the mother's home.
Indeed given his behaviour it would be sensible to move the handover to a public place to minimise the contact between them.
Your friend should simply inform her ex where handovers will take place in future and say that if he comes to her home again she will call the police.
If she does not feel able to do that then she can continue with handovers at home - on the doorstep - or better still at the gate.
I hope that this is of assistance - please ask if you need further details
Clare
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