Distressed mother of unborn child born out of wedlock wanting to know has anyone else been through court for their child and what's their results.
Ex Partner is mentally and emotionally not stable and has made death threats to harm me and my family. Would I have rights to cut him off completely as an unmarried mother , I am worried for my child's safety in the future and do not wish to associate myself and my child with someone of that nature.
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19-09-2016 01:59 #1Junior Member
- Join Date
- Sep 2016
Vic parenting rights
19-09-2016 04:03 #2
It doesn't matter if you're married or not. Is he on the birth certificate?
Did you report the threats to the police when they happened?
19-09-2016 04:05 #3
Sorry just read they child isn't born yet.
19-09-2016 04:33 #4-
- Join Date
- Apr 2012
Vic parenting rights
Mental and emotional issues alone may not be enough to cease access to your child. The death threats would be a different thing though - have they been reported to police? If not you may have difficulty using that information to prevent access.
Does your ex know you are pregnant? If so does he want to be involved with bub?
Last edited by VicPark; 20-09-2016 at 04:37.
19-09-2016 07:12 #5
The Courts seem very much in favour of allowing children their rights to have a relationship with both parents now-a-days, and they will do everything in their power to enable that to happen.
I certainly don't mean to make light of your situation at all, but there are many people who show up to Court claiming their ex's are mentally and emotionally unstable, whether they be male or female. That's not to say that yours isn't - but unless you have legitimate grounds for the Court to order an assessment be done on your ex then I doubt that simply here-say will be considered in their decision.
The death threats are very serious but the Courts still might not necessarily deny the father access on those grounds either. As other posters have said you would want to be able to present clear evidence of these threats to the Courts - police reports, copies of texts etc. Again, here-say won't likely be replied upon when making a decision and even if evidence is produced, the Courts still have programs in place for supervised visitation. The fact that you are unmarried won't be relevant in the decision.
So what can you do? I'd document everything as it happens. Report threats to the Police so that official records exist to support your case. From what I've heard it's not often that complete access is denied but there are options in place to make visitation easier - supervised visitation, separate pick up and drop off zones and third party pick up and drop offs. The Courts can also order one/both parties to attend Family Relationship counselling to enable parents to learn coping strategies going forward.
ETA: These are my personal opinions only. Perhaps the best advise anyone could give you is to engage the services of a good lawyer and get some advice from them
Last edited by Blossom74; 19-09-2016 at 07:27.
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