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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34503
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex partner currently has my daughter one eve a week and

Customer Question

My ex partner currently has my daughter one eve a week and brings her home same eve and once over night every other weekend. He is claiming he has a right to more which has been brought on due to a change in my circumstances as i have a new partner and am engaged. He takes drugs and has seeked help regarding mental health issues borderline personality disorder. He was manipulative during the time i was with him toward me and verbally abusive to my daughter. Does he have any rights to see her more? Does he have aleg to stand on? As i have been receiving threats that he wants to take legal action.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further details firstHow old is your daughter and what concerns do you have about an extra night?
Customer: replied 1 year ago.
She is two years old. My concerns about her spending more time there are his time keeping he has already been given more time in the past and dropped it. Also had threats of not bringing her back on time. He has been verbally abisive to her in front of me this is the reason we split alongside the fact he is very manipulative and when she comes home to me she is timid, quiet and takes a while to come round. Her attitude towards my fiance changes when she comes home although thoughout the time she doesnt see her father they have a great bond. I am concerned if she spends more time there she may be exposed to people smoking weed and neglected due to this. When she has stayed previous while i have been away when i have tried tk contact her by phone i have been ignored and when i got through to my ex partner he was not even with her. There have also been several occasions on the nights he has her he goes out anyway and leaves her with another family member i dont see why he should fight me for more access out of spite towards my situation
Expert:  Clare replied 1 year ago.
HiHow long did he have her for when you were away?
Customer: replied 1 year ago.
2 nights why?
Expert:  Clare replied 1 year ago.
My apologies for the delay.I asked to find out the longest time she had spent with her Dad in case it had been more than a couple of days which could have been a problem.Just to check - when you say he is verbally abusive to the child could you tell me what you mean
Customer: replied 1 year ago.
I mean swearing at her and calling her names for example there have been times he would tell her to shut the f**k up, lay the f**k down when putting her to bed called her an idiot, thick he has slapped her around the head on a couple occasions.
Expert:  Clare replied 1 year ago.
When did he last slap her - to your knowledge?
Customer: replied 1 year ago.
Last summer not sure of the date but could work out around when as it was soon after i had bought her a summer house for the garden and he got wound up with her
Expert:  Clare replied 1 year ago.
Did anyone else see this?
Customer: replied 1 year ago.
No but i have a witness to him verbally abusing her whilst putting her to bed i was downstairs with a friend that also does my hair and we could hear everything he was saying lots of banging and in the end i had to ask him to leave and bring her back downstairs. Not sure if a date but could maybe work out roughly when with the other person that was there
Expert:  Clare replied 1 year ago.
Since you are both named on the birth certificate you both have Parental responsibility for the child and the right to have her in your careThe law says that a child has the right to spend time with both parents - and they are expected to agree how the child spends time between them and if no agreement can be made then an applictaion can be made to the court.From all that you have said you have every reason to be concerned about our ex's ability to care for your daughter and you are very carefully balancing her safety with her right to spend time with her father. That being the case you have little to fear from his making an applictaion to the court - but you should offer to discuss matters with him using Family mediationwww.familymediationcouncil.org.ukPlease do not worry about her relationship with your new partner - however different it is when she gets home the bond will stay strong and will grow!Please ask if you need further detailsClare