Does my daughters father have any access rights?

Question

My ex partner and i split up when my daughter was only a few months old, he then (after about a year applied for access) he constantly let her down by not turning up for visits, it then got to the point that she would be hysterical when he turned up as she did'nt want to go with him, access was stopped so he reapplied to the court again for access to be re-instated.
when the case got to court he got up in the middle of the hearing and told the judge that he wished to withdraw his application, we have heard nothing from him since and that was over a year ago. Until today when i received a letter from his solicitor stating that he deeply regrets his actions and that he wants to take me back to court for access.
Does he have a leg to stand on?
My daughter doesnt even know him any more and doesnt want to see him, it would definately not be in her best interests for this man to reappear in her life.
Any advice please help.

My daughter is only 6 yrs old

Answer 1

hi sounds like he doesnt know his **** from his elbow... would strongly suggest you see a solicitor and confirm what rights you have etc, you can get a free half hour with most family solicitors, so wont cost you anything, write down all you need to say in bullet point form to make it easier, but stress that your child is unhappy et,,c they may suggest supervised visits before going further, i.e he comes to your home once a week for an hour etc and its built up from there...perhaps this would be a good way of reintroducing him to your child and you can see how it goes or perhaps meet on mutual terrritory like the park that way your not having tp put up with him in your home if it makes you uncomfortable. sadly if he is showing 2b genuine in wanting to see the child the court will notstop it unless he really is inconsistent and it is effecting the childs emotional stability.does he pay maintenance? as if he hasnt then you do have good grounds of showing his useless etc, if he wants to start paying regular money then for godsake go to the family courts and get an order slapped on it,and you dont need his permission... as he will have to pay them then they transfer to you, if he misses a payment and shows no intenetion of paying they put out a warrant for his arrest. dont know if anything i've said will help but good luck and give us a shout if you need a bit of moral support... xxx

Answer 2

How sad I feel when I read these letters.Why does he have to keep going back to court for access?No wonder he gives up half way through!It costs a fortune and is never the answer!.Putting it in perspective: Your daughter does have 2 parents,albeit one does not live with her.I presume she also has grandparents etc on her fathers side?By denying him access,you deny your daughter a whole family too.Can you not talk to him and for your daughters sake come to a compromise that will suit both of you.?She is now of an age where she will have friends at school in the same position as herself who see their Daddies and talk about it.Please open your heart and try to help build the bridge to peace between you.If anything happened to you,her Father is her next of kin and if she has no contact with him it would be terribly hard for her to adjust.If he continues to be unreliable,Do'nt make things worse by bad mouthing him to your daughter,just make an excuse which is kinder to her and makes you the better person too.Nothing is gained by this ongoing bickering over access.You can always go with them at first or maybe a grandparent to help your daughter feel comfortable until she adjusts.

Answer 3

Jeeess - what is it with some guys. Get involved, be reliable or get out! Perhaps, he feels like "playing daddy" again......until the next time of course.

My advice would be to see a solicitor. Give them the history and take it from there. I would like to think that any court would look very unfavourably on your ex partner's behaviour and would see that contact with this man is clearly not in your daughter's favour.
Best of luck!

Answer 4

As you say, she's only six so this isn't her decision - six year olds can't make parenting decisons.

He may well have changed and realised what a poor father he's been and now wants to make amends. You should let her father see her (supervised of course) - you never know they may even to form a positive relationship.

maybe you could try and meet up with him to see what he really wants - letters are so formal. It is painful but you should'nt stand in his way as she may resent you for it later and then it'll be your relationhsip that is damaged.

Father and daughter relationships are funny things - they really do form the basis of relationships that she'll have with any man in the future so you may have to grit your teeth and try to be positive about it. Only time will tell

Good luck

Answer 5

It happens to me that it may be properly worth finding right into a mediation provider quite than taking him to court docket. this is achieveable that having a place to talk and detect a compromise between you with a impartial facilitator to help might come to a decision the countless themes with out an high priced court docket case. OTOH from what you have defined he sounds like a genuine aggressive and blinkered man or woman, so court docket ought to be your only decision. attempt to discover a solicitor close to you which ones supply a unfastened preliminary consultation - they'd desire to have the capacity to offer you a concept of the place you stand, whether you will get legal tips, and the probably effects.

Answer 6

My sister's boyfriend actually signed away his parental rights when their child was a baby.

Years later, he asked for contact, even though my sister's husband had legally adopted the boy. My sister granted him contact. Eventuallly the father and my nephew developed a relationship.

He had grown over the years and become a better man. It made a world of difference to my nephew. He has always considered my sister's husband his father, but he loves his biological dad too.

Sometimes people really do change, grow. If you put your child first, you'll make the right decisions.

Answer 7

I am not sure about your particular court system. I believe it is hard (at least in the US courts) to deny a birth father of visitation. WIth that said, I would have your attorney point out the father's past erratic behavior and bring all the documents you have to support that. (ie. not showing up for visits and his withdraw of his motion for visitation). It is basically a gambit as to what the court will decide.

I know you are angry with your ex and would prefer to keep him out of your life, I am just not sure that is possible.

Answer 8

unless and until a court severs all parental rights he can keep doing this. Your only chance at stopping it is to take legal action to sever those rights. I don't know what country or state you are in so I'm not sure of the possibility or likelihood of you being able to do that.

Answer 9

if it were me, I would allow him to see his daughter for the first few times with supervision because of her reactions to him. If he starts to act like a father, give him more and more until it is a normal father and daughter relationship.
I would caution him that the next time he hurts the baby, he will never see her again and make him believe that it will be forever.

he obviously has problems and in some moods he feels bad and others he plays the old I don;t give a damn card.

Answer 10

he does have rights to see his daughter, but being that you child is six years old she does not have to see him if she does not want to. I was in the same situation, where my son father did not see his son for 3 years my son is 7 years old now. 6 months ago my son father called me out of the blue and told me that he was going to the army. My son loves his dad but he knows he is no Good child r very smart. My Advice is GET CHILD SUPPORT and find a new man that will respect you and your daughter. But first work on yourself