Posted by: Lily | 2013-01-09

Visitation a RIGHT?

My son is 5 and my problem is that my ex (his father) and his father girlfriend are abusive toward me and make my life hell. Whenever i try and communicate to enquire about late maintenance or when he is fetching my son for visits i get sworn at and horrible messages sent to my phone. Get called the worst names in the book. When my son visits his father he goes to their home (my ex''s girlfriends home). Can i demand that he only see him under my supervision? Or that she stay out of my sons life? i dont trust her or what she might fill my baby''s head with. He pays maintenance but always late out of spite and he isnt even paying as per the court order. Need help here.

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Posted by: FIO | 2013-01-24

A child has a right to be maintained, and a child has a right to contact with a parent. They are seperate issues, you cannot deny the child contact with parent if parent does not pay maintenance, and a parent who pays maintenance cannot use that as a ticket to a right to contact. At the end of the day what counts is what is deemed to bein the best interests of the child.

The fact that father mistreats you etc is inconsequential when it comes to contact. He may dislike you and run you down, but that does not automatically make him a bad father. He may love his child and treat his child with all the love and attention a child deserves.

Be careful not to mix your interests with th einterests of the child.

If you want supervised contact, you would need to motivate why sich contactis required, and you would need to demonstrate andprove that without it the childs well being is being compromised, and that it is not in the best interests of the child to be alone with father. Hard to demonstrate or prove if there is no abuse of the child, emotionally or physically, and no threat to the childs well being through an inability of father to adequatelky care for the child.

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