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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9595
Experience:  I have been practising for 30 years.
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I split from my x for more than 16 months, we have a

Customer Question

I split from my x for more than 16 months, we have a daughter and he is not contributing yet he wants to see her.
Our relationship ended because he was abusive and even spent 2 months in the mental hospital as he wanted to jump from a bridge
What do I need to do to stop him legally from contacting me and contacting his daughter ?
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

Do you mean that you want to stop him having contact altogether? How old is the child? When did he last have contact with the child? Was violence reported to the police?

Customer: replied 10 months ago.
I only reported one physical abuse as it only happened but verbal abuse started since I got pregnant, my daughter is now 3 years old, and yes I want to stop him seeing my daughter forever
Customer: replied 10 months ago.
he only had a sudden desire in seeing his daughter in the last 2 months and started heavily texting me
Expert:  F E Smith replied 10 months ago.

I’m afraid that unless you can prove to the satisfaction of the court that there is going to be something detrimental to your daughter’s welfare and seeing her father, the chances of you stopping contact are going to be slim.

The courts believe that children should grow up knowing both parents and hence, it is unlikely to disallow contact.

If there is something untoward whereby the child’s welfare may be at risk, the court is more likely to award supervised contact at a contact centre than disallow it altogether.

If he continues to pester you, that is harassment and you can refer the matter to the police with a view to having him warned under the Protection from Harassment Act. You can apply to court for a non-molestation order to stopping calling you or coming within 100 m of you except to ring you to arrange child contact.

He is then going to have to apply for a Child Arrangement Order to formalise the arrangements.

https://www.gov.uk/looking-after-children-divorce/overview

I’m sorry, I know it’s not the answer you wanted by and large.

Can I clarify anything else for you?

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The thread remains open. We can still exchange emails.

Best wishes. FES.