| A
female
,
nimmue
writes: hi,a friend of mine has a four year old child,the childs father has not wanted to see the child before,because it could'nt walk or talk,but now after four years he has gained interest,and is taking court action out on my friend for visiting rites,the child in this case has stayted that it wants no contact with the father.the father has admitted to smoking,dealing cannibis.is there any way my friend can stop the father from seeing this child? Reply to this Question |
Add your answer to this question! A
male
reader, dapone 1  +, writes (29 October 2007):
 hi.
sorry may not be much help but will try, your four year old son has no rights in court because he is a minor, and at the age of four it would be seen that you have coach him and this will not count, because of his age, he cannot make a decision of this type and that is why a court will not accept any deposition that you put forward on his behalf.
If the farther has been arrested and charged on the counts that you have mentioned, then your solicitor should now straight away, inform the court, then they can prove that he is unfit to visit his child, and you will tarnish any evidence that he has given.
Nine tenths of the law is always on the mothers side, provided she has not broken the laws herself she will stand a better chance against him.
If the husband has not been arrested and charged of the offenses mentioned and you can not prove any of them then the court will have no choice but to throw the hearsay evidence out, depending on the solicitor and judges directions, custody and visiting rights are always difficult because it is a matter of he said/ she said. but i would not give up yet because the law is a bit slow on the up take, justice can be done and hopefully she will maintain her present status.
hope this helps you
A
female
reader, accused  + ♥, writes (6 December 2006):
 Thats a hard one. First does the father pay child support? and you said that he admitted to smoking & dealing, whom did he admit this to? The reason I ask is because with out proof he can just say he didn't say that so now it's basically here say. I do know that even though a parent pays child support that still not give them the RIGHTS TO SEE THEIR CHILD, thats a whole new ball game! with a new set of rules.. As far as the child goes I'm not a 100% sure what or even if anything would be considered with the child saying that it does not want any contact with the father, because the father's attorney could easily destroy that one! I would try my best to get proof of the drug use & selling (jail records) is a good place to start, and i do know tht you are entitled to get this information, because its considered "public information"... if he does have a prior record you should fine with SUPERVISED VISITS or something along the line where the mother or someone she trusts can be present. I hope this has helped! IF I can be of any further assistance just drop me a line and I will do my best... GOOD LUCK......
...............................
|