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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18744
Experience:  I have been practising for 30 years.
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The Father of my child and I split up 6 years ago. No, he is

Customer Question

The Father of my child and I split up 6 years ago.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No,
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: he is controlling my relationship with my current partner of 4 years by asking me not to leave our daughter in his care.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Good afternoon. I will assist with your question - be aware this is an email not chat service.

have you had any court orders regarding contact?

how old is the child?

and is he harassing you?

Customer: replied 1 year ago.
My Ex father of my childas contacted Social services on two occasions regards ***** ***** partner , firstly when we took my daughter to a naturist beach. Secondly, when my current partner text my daughter to say goodbye late one night after we split up. My 9.5 year old daughter was with her father at this point. I spoke with Social services at this point and they were satisfied there was no case as I had agreed it was not appropriate and had spoken to my partner about this.
The father of my child and I have never been to court since we split up 6 years ago.
I do feel harassed/ controlled by his unfounded beliefs surrounding my current partners intentions.
Customer: replied 1 year ago.
I am primary care for my child.
Her Father has a history of mental illness during and after we split up , although is currently well now as far as I know. I also was victim of domestic violence during the period we were together.
Customer: replied 1 year ago.
My daughter sees her father regularly 2 nights a week currently.
I do not live with my current partner , but he visits and stays at my house and has done for the past 4 years and has been involved with bringing up my daughter to this point. Although we have had periods of separation.
Expert:  F E Smith replied 1 year ago.

The only way he could prevent your current partner having any involvement with the child is if he could convince a court that the was something unwholesome about your partner and that there was some child protection issue or if it was a fleeting relationship and wasn’t well-established..

I would just ignore what he’s saying and carry on regardless and if he feels differently he’s going to have to go to court and if this is an established relationship and your partner is good and wholesome (which I am sure that he is) then your ex is not going to get the order.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

Customer: replied 1 year ago.
As my daughters father has now asked me not to
Leave my child in the care of my current partner at any point, and I feel he is trying to control me, my choices, and is causing me anxiety from his unfounded views, is there any way I can ensure going forwards that he won’t continue to cause me this unnecessary distress?
Customer: replied 1 year ago.
The Father of my child clearly feels worried about safeguarding his daughter, however it is unnecessary as I have no concerns.
I do feel that he is also affecting my daughters view of my current partner , she’s always had a good relationship with my current partner but recently is saying she doesn’t want him here, and I truly believe It is because her father is influencing her .
Customer: replied 1 year ago.
Her father is also continually asking for access, which I do not agree to, as the past history of his instability , not paying maintainance. Also he works and is unable to support school runs.
Customer: replied 1 year ago.
That’s more access that the 2 nights a week already in place. All of Alternate weekends and every wed night.
He wants 50/50
Expert:  F E Smith replied 1 year ago.

I appreciate what he is trying to do what it does beg the question as to how he’s going to find out about it unless he’s going to fish with your daughter and whether he’s actually going to go to the trouble of making a court application because you can’t stop that. If he does, you would have to deal with it.

If he thinks that there should be more contact is going to have to make a court application and you are going to have to oppose that stating that the current arrangements are satisfactory.

He is likely to get every other weekend although it’s not been 50-50 until now, he’s going to have to come up with a compelling reason why it should be.