I want to protect my children (12 and 20) from their father who is mentalyl unwell and is saying highly inappropriate comments to them, can I get a restraining orer?
State/Country relating to question: United Kingdom
-Could you explain your situation a little more?
Did you get my response...
HiWhat contact does the 12 year old have with his father?Claire
2 nights per week and all day Sunday....
HiWhat is his father saying that is causing the problem?Claire
Have you seen the email I sent about his condition.. Bi-polar, not sure it got through?
HiNo it did not.Given that he is bi-polar why does he have overnight contact with the child?Claire
My ex was treated and spent 1 month in The Priory and considered to be stable. He was retired through the condition from the police force having served for 25 years. He has been arrested and convicted twice for assault, firstly on a girlfriends minor and then another girlfriend that he assaulted. I called the police on another occassion when he threw a plate at our daughter in a public house, but his police colleagues and landlord protected him... so as you can see we have had lots of problems with him. His addiction is sex and says explicit things to my children and due to his condition at the moment he is, in my opinion, out of control. I met with him to try and agree rules and boundaries and his response was aggressive and frankly crazy. He is very intimidating so I want a restraining order until he has been stabilised. I have spoken to his brother and he agree's with me that the children should be kept away...
HiIs there a court order for contact?Does your son wish to see his father ?Claire
no court order... and yes he does want to see his father.
HiIf there is no court order for contact why are you allowing it?Why do you think you need a Restraining Order at this time?Claire
he refuses to believe there is a problem and says he will continue to see our son without my permission.
HiThere is nothing that you can do so far as the elder child is concerned - he is an adult and it is up to him what contact he has with his father.You can apply to the court for a defined contact order with regard to your 12 year old and ask the court for a Psychiatric report to decide if it is safe for him to have contact with his father This is more appropriate than an application for a non molestation orderClaire
How do I organise a 'defined contact order'......
HiI would suggest that before you consider an application to seek face to face advice from a Family Law Specialist who can review your paperwork and check that you have a reasonable chance of success.At 12 your son's wishes on contact will be seen a being of great importance and it will be expensive to obtain a psychiatric report to try and stop contact on the basis of safety.If you do decide to go ahead you will need to make an application to your local county Court on a Form C100 available here http://www.thecustodyminefield.com/CourtForms/C100.pdf paying the fee of £200Claire
25 years experience of all aspects of family law
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