Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask a few more questions:
- have you been to a family court before in respect of children matters? If so, are there any courts orders?
- Why is he not allowed to contact you? Is there an injunction in place? If so, why?
- what was his relationship like with your daughter before his imprisonment?
- Is this his first imprisonment? If not, what sort of record does he have?
- has there been any involvement with social services previously?
Thank you for confirming that for me.
Can I ask - does he have issues with drug addiction? violence?
Thank you for your response.
As your daughters mother - you have a duty to keep her safe and look after her welfare.
If you consider that your daughter will be at risk of harm spending time with her father then it is your duty to protect her from such harm. If you had concenrs that your daughter might be exposed to drugs, alcohol or aggressive behaviour (or such similar matters of child protection concern) then you should not allow the father to have any unsupervised time with your daughter.
If the father does not agree with your decision then his recourse would be to make an application to a family court to spend time with your daughter. If he did make such an application to court - then the court would investigate what risk he poses and if he can have contact and whether or not this contact needs to be supervised. The court would take your concenrs very seriously and the onus would be on the father to prove he wasnt a risk.
A court may investigate by asking a court officer (cafcass) to undertake a report. The court may also ask for a report from his GP, probation and even drug testing. The court would only make an order if they consider that it was safe for your daughter.
If you are therefore concerned then you can state that contact cannot happen and he would have to go to court and prove he wasnt a risk and was addressing his issues for the court to make an order otherwise.
You may want to give consideration to the grandparents superivisng his contact to alleviate risk. If however you conisder that they will priortise their son over their granddaughter then this may also not be an option for you.
Let me know if I can help you further
Please kindly remember to star rate our service so that we receive credit for helping you today