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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33357
Experience:  Over twenty-five years experience
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Myself & my ex partner split a mother before our son was born.He

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Myself & my ex partner split a mother before our son was born.He was at the birth & is on the certificate.Whilst I was pregnant he was verbally & physically abusive towards me although I never reported it & the threats & nastiness has continued ever since.He also spent a period of time before our sons birth in Mental health units & has a long history of criminal convictions for violence.I have never stopped him seeing our son,in fact he sees him 3 times a wk but Im always present as he dabbles in drugs & is a drinker & therefore I dont trust him on his own with him.He has never paid or offfered me maitence of any sort.He has today informed me he is seein a solicitor tomorrow & I should have court papers by the end of the week.Does he have the right to do this and do I have the right to asked for supervised contact fot the forseeable furture given his history,can I refuse to let my son go to him over night if it comes to thar.He also has a another daughter who he doesnt see after he was arrested with her in his car about to drink & drive.Thanks Kelly
Has he got parental responsibility (is he on the birth certificate) and what is the child's age
Customer: replied 2 years ago.

He is named on Birth Certificate as the Father.My son is 14months old

Ok so yes he has got PR as well as you. He is entitled to make an application to the court to spend time with the child (although he should be trying mediation first). The very fact that he has been in trouble will make it less likely for him to have unsupervised contact with the child - he may have to have supervised contact or indeed indirect contact (letters or cards). If you can not afford solicitors there are books on amazon which you can buy telling you how to represent yourself in the family court which may help - happy to discuss. Please rate positive.
Customer: replied 2 years ago.

He has also previously threatened to make up lies ie Im a drug user.This couldnt b further from the truth,but this wouldnt just be taken as true would it?Would my claims of domestic abuse be taken on board,even though I didnt report it.He openly admits it.Surely it looks better for me that I have been making the effort each week to meet with him to see my son?

The court can order drug tests to be undertaken - but I rather imagine his criminal record will speak for itself. His DA would be very strongly taken into account. I really do not think you have anything to worry about. Please rate positive.
Customer: replied 2 years ago.

Could he apply for full custody?As I known he did this with his other child & was then awarded every other weekend because they lived a 2hr drive away from each other,where as we still live in the same town.

He is allowed to make an application but from what you have written I would be extremely surprised if he was to be successful. These cases are very common and of people with DV - courts only allow contact where it is safe - the fact that you are presently allowing contact is a double edged sword - it shows that you support contact but also that you are not to worried about his DV. Happy to discuss - please rate positive.
Customer: replied 2 years ago.

But I cant prove the Domestic Violence,would me saying it now mean it would be dismissed & also it has been over 12months since he was last in trouble with the police.Wont this be seen as turning over a new leaf?Would the time spent in a Mental Healith unit be taken into account to?

It would not be dismissed in the family court - very different from the criminal courts. People do not tell about DV for a whole host of reasons. The time spent in a mental health unit would also be a good point for the court to consider. Please rate positive.
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