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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 757
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My daughters father and I have never lived together he had

Resolved Question:

My daughters father and I have never lived together he had access on Saturday 9.00 till 5.00pm at his parents home. Her father is serving a 3 yr sentence for drug and theft offences. He is due to be released July 2018. My daughter will be 10.
I don't allow her visits only letters and phone calls on Saturday when she visits her grandparents. He is not allowed to contact me as I have blocked letters to my address.
What are my rights when he is released to say I dont want him to see her.
Submitted: 9 months ago.
Category: Law
Expert:  ukfamilysolicitor replied 9 months ago.

Hello

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?

Kind Regards

Caroline

Customer: replied 9 months ago.
There is no court order, it was a mutual arrangement ***** *****ved with his parents.
I do not want to have contact with Michael as he was manipulative and I dont feel comfortable on my own near him.
There is not an injunction against him.
Its the 1st time since Louise was born hes been in prison. He was in prison 14 yrs ago for the same offences.
I never involved social services.
Expert:  ukfamilysolicitor replied 9 months ago.

Hello

Thank you for confirming that for me.

Can I ask - does he have issues with drug addiction? violence?

Customer: replied 9 months ago.
He wrote a letter to me from prison once which I did not reply to I called the prison to make sure no letters are sent to me at my home address.
Customer: replied 9 months ago.
he is a heroin addict, though he has never been charged with a violent crime which is why he is a category c prison.
Expert:  ukfamilysolicitor replied 9 months ago.

Hello

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

Kind Regards

Caroline

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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 757
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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