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can my husband get overnight custody of my 1 year old. He is

 
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  • Answered by:claire
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Customer Question

can my husband get overnight custody of my 1 year old. He is a regular cannabis smoker and I dont want to give him overnight access.

Submitted: 284 days and 12 hours ago.
Category: UK Family Law
Value: £17
Status: CLOSED
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Expert:  claire replied 284 days and 11 hours ago.

Hi
Has he ever cared for the child overnight in the past?
What contact does he have at the moment?
Claire

Customer replied 284 days and 11 hours ago.

hi, ive just moved out of our house and her cot was in our bedroom. I have always been the one that has looked after her overnight when she woke up during the night etc. So in answer to your question, no he has never cared for her (without me) overnight.


 


He see's her once a week at the moment. 10am-6pm.


Thanks

Accepted Answer

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Expert:  claire replied 284 days and 11 hours ago.

Hi
That and the Cannabis smoking makes it unlikely that he will get overnight contact in the immediate future until he shows that he is no longer using Cannabis and can also show that he is capable of caring for her.
However realistically at some point in the future he is likely to get overnight contact I am afraid -
Claire

Expert TypeFamily Solicitor
Category: UK Family Law
Pos. Feedback: 97.7 %
Accepts: 12220
Answered: 7/10/2012

Experience: 25 years experience of all aspects of family law

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Customer replied 280 days and 14 hours ago.

hi, ive drafted a letter i'm going to send to him in response to a telephone conversation we had on the 9th July in which he categorically said he didnt want contact with our daughter until she was 18. I also have a witness who was with me who heard the whole conversation (it it ever goes to court).


 


If I send you a copy of the letter, could you please let me know what bits will/wont stand up in court? or offer me alternative wording?


 


I havent mentioned the cannabis use in the letter, as I thought I would leave that if/when he ever takes me to court? Or should I mention it now in the letter?


 


Ive also written the letter, so that in years to come, I have evidence to show my daughter what actually happened between us.


 


Thanks


 

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Expert:  claire replied 280 days and 13 hours ago.

Hi
Id he has said he does not wish to see the child then there is no need to write a letter at all - leave it be.
I am afraid that even though this has been said in front of a witness it means nothing at all and will not effect any future contact application.
Claire

 
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