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Access to Son 2 Year old Father on DRUGS
8 Answers
hope you can help, my sons father is demanding to have him over night, i have never had a night apart from my baby and not keen on having time away, my sons father is a keen drug taker and it worries me that he is driving son around under influence of drugs and that he is doing drugs in the house when son is there, he lives 40 miles away, i only want him to have access at my property. I want son to have relationship with father but i want to know what he is doing i dont think he safe with father.
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For more on marking an answer as the "Best Answer", please visit our FAQ.Get legal advice. The father should make an application to the family court (either in County Court or Magistrates court)
What usually happens is that reports from CAFCAASare requested as to the ability of your childs father to look after him properly. You make representations as to his drug taking and inability to parent properly.The court will be very cautious in allowing him unsupervised access. You could even go for indirect contact until such time his father proves to the court that he is clean of drugs. Hope this helps
What usually happens is that reports from CAFCAASare requested as to the ability of your childs father to look after him properly. You make representations as to his drug taking and inability to parent properly.The court will be very cautious in allowing him unsupervised access. You could even go for indirect contact until such time his father proves to the court that he is clean of drugs. Hope this helps
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Do you really think he will take drugs when your son is there? If yes then I wouldnt let him take him away. I stopped my son going to his dads house because I went to pick him up one day and his dad and several friends had been taking smack in the house!! Needless to say my son has never been back in that house.
If your ex isnt taking that kind of heavy drugs and would not be taking them anywhere near your son then thats different.
I think the main thing is what is he taking and would he do it with your son there?
If your ex isnt taking that kind of heavy drugs and would not be taking them anywhere near your son then thats different.
I think the main thing is what is he taking and would he do it with your son there?
I'd definitely get legal advice.
Does the father have a contact order?
If so you could take advice on it being varied by the court, if not then you could try to come to some agreement (preferably set by court order) as regards access such as supervised access only by you or at a contact centre (http://www.naccc.org.uk/cms/index.php) on the condition that he agrees to attend a drug counselling programme.
This can then be reviewed at a later date once, hopefully with the incentive of better and maybe overnight access, he has sorted himself out.
You may find this useful...http://www.rightsofwomen.org.uk/pdfs/cco.pdf
Does the father have a contact order?
If so you could take advice on it being varied by the court, if not then you could try to come to some agreement (preferably set by court order) as regards access such as supervised access only by you or at a contact centre (http://www.naccc.org.uk/cms/index.php) on the condition that he agrees to attend a drug counselling programme.
This can then be reviewed at a later date once, hopefully with the incentive of better and maybe overnight access, he has sorted himself out.
You may find this useful...http://www.rightsofwomen.org.uk/pdfs/cco.pdf
Personally I think you son's father should not have access to his child, unless he can prove that he is no longer on drugs. As long as he is taking drugs he is a danger to you and to your child. You need to speak to CAFCASS : http://www.cafcass.gov.uk/
If they think he should be able to see his son, they can arrange supervised visits at your local CAFCASS offices, where they usually have a comfortable family room with toys etc. where parents and children can safely meet under supervision of a CAFCASS officer. I think though that you also need to apply to the courts for a restraining order, which will prevent your ex from seeing his son while he is on drugs. Please think this through. It is not safe for you to be allowing your ex into your home and I certainly agree with you that you should not let him have your son unsupervised for even one minute. Please be safe. The CAB (Citizens Advice Bureau)can also advise you on how to get a restraining order. If you can't afford a solicitor, don't worry too much, you will most likely be able to get legal aid so it will not cost you anything. Good luck!
If they think he should be able to see his son, they can arrange supervised visits at your local CAFCASS offices, where they usually have a comfortable family room with toys etc. where parents and children can safely meet under supervision of a CAFCASS officer. I think though that you also need to apply to the courts for a restraining order, which will prevent your ex from seeing his son while he is on drugs. Please think this through. It is not safe for you to be allowing your ex into your home and I certainly agree with you that you should not let him have your son unsupervised for even one minute. Please be safe. The CAB (Citizens Advice Bureau)can also advise you on how to get a restraining order. If you can't afford a solicitor, don't worry too much, you will most likely be able to get legal aid so it will not cost you anything. Good luck!
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