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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife had an affair 1 month after our planned pregnancy

Customer Question

My wife had an affair 1 month after our planned pregnancy and then again at 28 weeks pregnant and she walked out on me. I was left in the family home. She then returned to help before and a little bit after I had given birth as she had 3 week paternity leave. My baby is now 9 week old and she hasn't been for 2 week to see her. She's constantly not very nice to me via message and only insists on seeing her alone which I'm not comfortable with as her girlfriend and herself badly self harm and are suicidal.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your enquiry. Given the concerns you have raised it would be reasonable to refuse her to have unsupervised contact with your daughter and you can insist on this either being supervised by you, a third party or at a contact centre until she can demonstrate that there are no concerns. If she refuses you can consider making an application to court under Form C100 together with a £215 court fee to your local family court for a prohibited steps order (to prevent her removing your daughter from your care) and a child arrangement order (for your daughter to live with you) and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:

1.The wishes and feelings of the child concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you