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Mother in jail - 'dad' non-compliant

Family Law, Children, Adoption

Mother in jail - 'dad' non-compliant

Postby midland_male » Sat Jun 18, 2016 8:53 pm

Hi guys,

My partner in April was imprisoned for a period of 12 months, i won't go into the crime other than she tried to help someone in trouble and it backfired. It may however be relevent that it did NOT involve, drugs, weapons or violence. At the time, she had 2 children living with her, one 18, and one 5. Both children went to live with her best friend who lived over the road, and the 18 year old became the main carer for the 5 year old. They did not come and live with me, as i live 30 miles away, and it wasn't practical for the elder's work, and the youngers school, we wanted as little disruption to them as possible. There was social services input at the request of the judge, and all was fine, no concerns.

I would regularly visit, and the mother spoke to her 5 year old on one occasion, when she called me whilst i was visiting. We had a really good bond. Within a few weeks, the 18 year old couldn't cope with the responsibility and it was then decided that the 5 year old would go and live with her 'dad' i use the quotes as he is NOT her biological father, however is on the birth certificate, he is well aware that he is not her biological father. Before this, he had not seen her for months, nor had she requested to see him. Her mother, nor i, were made aware of her going to live with him, until after the event.

He is now behaving quite (in my opinion) unreasonably. He refuses to have any contact with the child's mother, and wont respond to postal requests either, he wont allow the child to have any contact with me, he has told the 18 year old that if she lets me see her, then he will stop her seeing her sister also. Her mother, nor I feel as though he is acting in the best interests of the child.

Some facts that may be relevant:

For the last 14 years he has driven on a provisional license, unaccompanied, however the car is taxed, MOT'd and insured as to not trip ANPR cameras.
He drink drives regularly, most Fridays and Saturdays
He has a 13 year old living there also (biological son) who has been in trouble with the police on a few occassions, once for carrying a knife.
The 5 year old does not have her own room and shares a bed with him
He is currently 'unable to work' (he hasn't worked for nearly 15 years) due to anxiety and depression
Before this event, and the months up to the event where he was completely absent, he would see her for roughly 4 hours a fortnight at most
She is in an open prison, who, on the grounds have a 6 bedroom house for mother/child stay overs that she would love to use. It's actually really nice there, it's an old stately home site, you'd have no idea it was a prison to look at it.

My partner is feeling pretty helpless and unable to even speak to her daughter on the phone, god only knows what he is telling her. I guess the question is, what can she do?

Many thanks.
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Re: Mother in jail - 'dad' non-compliant

Postby 3.14 » Sun Jun 19, 2016 4:49 am

She needs a family law solicitor. This is not something you can ask for advice on from a bunch of strangers.
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Re: Mother in jail - 'dad' non-compliant

Postby Boo » Sun Jun 19, 2016 10:44 am

I would suggest she sees someone in prison where she can get information about home detention curfews and ask whether she qualifies for one of those pretty anklets. It may be worth contacting her solicitor to discuss HDCs.

It also might be worth taking a look here > http://www.advicenow.org.uk/guides/surv ... r-children
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