Family courts

[icarus1612]

Do Family Courts automatically do background checks on fathers applying for Contact Orders?

[happyjo]

It all depends on circumstances.

I think if the dad already has PR ( parental responsibilty) and there have been no issues concerning the childs welfare, then no. However, if there have been concerns about the childs well-being then yes, checks will be carried out. I think this area is totally discretionary so I think there is no black or white area.

J

[icarus1612]

Thanks HappyJo.

My son was born before December 2003 so as I was not married to mother then I am not deemed to have Parental Responsibility unless I go through courts, The rules changed in Dec 03 to give fathers PR automatically without having to apply in court. There is no issue surrounding violence. The mother just refuses to let my son come to London even though for last 2 years I have travalled over 600 miles round trip every 2 months to see my son the mother still refuses to let me have him for a short time due to an argument over 4 years ago with a member of my family. The mother asked me to show consistency and I have done that for 2 years without fail. I have developed a bond with my son even though I only go 5/6 times year. I just want to be sure that when I apply for Contact Order, I know certain stuff will come up concerning my mother but I can deal with that, that fact I lost my licence 5 years ago does not come back to bite me on backside. The mother just doesn't see our son as ours but hers! I want him to benefit from having a large immediate and surorunding family which doesn't exist on mother's side. If anyone can offer more advice on this subject or experience of family courts this would be most welcome?

[mimie]

If you are applying for a defined contact order and there is no reason for the courts to be concerned for your childs wellbing or safety then it will be deemed in the childs best interest to maintain a relationship with you. With regards to background checks - if you have committed an offence which was violent or against a child, then the court will consider the relevence of this and whether it would indicate a risk to the child during contact with you.

If however this does not apply to you, then the court will ensure that you are able to have regular contact which will be agreed by both parties and set by the court, so that your ex will have to abide by it.

[icarus1612]

Thanks Mimie. There is no wellbeing or safety issue as was a driving offemce, so hopefully the courts rule that the mother's stance is unacceptable. I won't hold my breathe given the current secrecy over family courts and how they favour the mother. I agree that a mother's bond is different from fathers but his influence, especially in young boys case, should not be overlooked and the correct importance shoud be given to father's influence on child. Thanks again.

[mimie]

Family courts do tend to give mother more status than fathers with custody battles, however contact is a different issue. It is recognised how important it is for a child to maintain a relationship with their father and it is considered the right of the child (rather than the right of the parent) to have this opportunity.

If, as you say, you have bended over backwards and consistently attended contact, travelled to him and so on - then this proves to the court that you are a committed parent to your child. Get a good solicitor and you should be granted what you are asking for as it seems very reasonable!!

I wish you the best of luck!!!