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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 4870
Experience:  Barrister at law
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My daughter has recently separated, her two year old

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My daughter has recently separated , her two year old daughter is living with her but spending time daily with her father . We are concerned this may affect any potential custody dispute . Is there any guidance as to hours days etc
JA: What steps have been taken? Have any papers been filed in family court?
Customer: None yet , the separation was sudden in December
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: we are in the UK , our courts are in our home town of Plymouth
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think you should be aware that the father has mental health issues , diagnosed as PTSD

Hello, my name is Peter and I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I'm just reviewing your question.

How much time is she spending with her father each day and is this supervised at all?

Customer: replied 13 days ago.
Currently unsupervised and on average 4-5 hours

And is there any reason (based on safety or other grounds) that he is not having overnight contact at the stage?

Customer: replied 13 days ago.
Yes he takes very strong anti depressants and sleeping tablets at night plus he has never dealt with her overnight at all whilst in the family home .

OK - and is he aware of how this will limit his ability to be able to have overnight contact at this stage? Or is he pushing for this?

There are good grounds for his contact to remain during the day and not to progress to overnights at this stage.

Obviously in the future, he may not be dependent on this medication and he may be able to offer appropriate care for overnights - but as things stand it's the medication that prevents it (not the lack of experience though).

Can I clarify anything?

Customer: replied 13 days ago.
He has controlled my daughter over the last five years by threatening suicide but since received stronger meds, so no attempts of late . Whilst he is medicated as such I am concerned that she whilst trying to do the best for the child and to keep him calm might be allowing to much access that could then work against her , would this be a possible factor ?

Whether it is too much access or not has to be dictated by what is in the child's best interests. 4-5 hours a day is quite a lot, and may reduce obviously when she starts nursery, but if this is working currently and everyone is happy with the arrangement, then there's no reason to change it. If you daughter feels that 4-5 hours a day is too much and she is only agreeing to this because of fears he may not be calm if he doesn't get what he wants, then that's a different issue obviously and one that would have to be resolved by the courts.

I hope this clarifies things?

If so, please take a second to rate my response with 5 stars as this will credit me for my time.

Thanks and do let me know if you have further questions, follow ups are part of the service, even if you have already taken the time to rate for me.

Kind regards,

Peter

Hello - I didn't hear from you.

Can I assist you further with your question?

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (top right of your screen) I'll be credited for my time spent responding to your question.

Kind regards,

Peter

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