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Ask MARCUS Malin Your Own Question
Category: Family Law
Satisfied Customers: 2727
Experience:  Consultant Solicitor at Setfords
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What is reasonable Child arrangement for ex partner who was

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What is reasonable Child arrangement for ex partner who was physically violent towards mother directly and indirectly in front of children? Has potential Mental health issues from there own physical abuse as a child and is a functional alcohol abuser. Has violtile behaviour and mother suffered all types of abuse prior and during marriage?

Hello, my name is Marcus.

Much depends on the acceptance of the Father as regards ***** ***** and desire to change.

Domestic violence is not a bar to contact if contact can be safe for the children and father is acknowledging of his past behaviour that he has sought help for.

A father who is not acknowledging of past behaviour will struggle to secure contact.

They would also have to demonstrate that they can abstain from drinking and have regular hair strand tests for a period of time.

Contact has to be in the child's best interests and most importantly safe for the child.

Thank you.

Customer: replied 2 months ago.
Thank you. The father has only acknowledged one occasion of physical violence to which he sought help however there has been multiple occasions. He is now all of sudden claiming cross-allegations I’m worried that there child trauma has come full circle and now that the mother of the children has experienced it the children will eventually too if contact is allowed.

Each case is judged of its own merits. Claiming cross allegations is of a concern and suggests a lack of insight trying to shift the blame.

If contact was refused then father would have to make a court application during the course of which there maybe a need for a fact finding hearing if father is not fully accepting and a risk assessment.

Ultimately contact needs to be safe for a child. None acceptance of past behaviour suggests that contact might not be safe.

In the circumstances you describe if contact was to be considered initially it would be closely supervised before consideration was given to unsupervised contact.

Thank you.


MARCUS Malin and other Family Law Specialists are ready to help you
Customer: replied 2 months ago.
Thank you for your advice.