Hi guys

[Chappie82]

Need some advice but i am not confident to post specifics on here as I don't wish to affect those involved. Is there a way someone can message me in private please? Thank you

[Chappie82]

Re: Hi guys

It's regarding a friends situation and her child rights in a potential messy divorce. I would like to go private as I don't wish to advertise specifics. Sorry

[wales01man]

Re: Hi guys

This is an open forum you can give a good idea of the problems in a way those involved would not know it was about them or contact admin with your problem

[Chappie82]

Re: Hi guys

Thank you

[Kati]

Re: Hi guys

Need some advice but i am not confident to post specifics on here as I don't wish to affect those involved. Is there a way someone can message me in private please? Thank you

If you keep to the general facts without naming names/locations etc... I'm sure you'll get lots of help and advice xx

[Chappie82]

Re: Hi guys

Ok. Situation is that a woman's husband is jealous toward her lover. A relationship has formed with her young son. He is threatening legal action against the mother if she continued to talk or see the lover. They have not been living with each other for two years. The mother is understandably scared to lose her child, and unhappy that these threats are preventing her from moving forward. I am looking for guidance to put her mind at rest and if the threats were to become reality help provide done kind of direction for her. Thank you

[Openlaw15]

Re: Hi guys

Ok. Situation is that a woman's husband is jealous toward her lover. A relationship has formed with her young son. He is threatening legal action against the mother if she continued to talk or see the lover. They have not been living with each other for two years. The mother is understandably scared to lose her child, and unhappy that these threats are preventing her from moving forward. I am looking for guidance to put her mind at rest and if the threats were to become reality help provide done kind of direction for her. Thank you

The main question is what type of legal action is the father threatening? With whom, secondly, is the young son living with, ie father or mother (who is in a long term relationship with her partner)? Threatening with any form of menace is potentially a criminal offence of blackmail. Manipulating the legal system to exploit others is potentially criminal also in terms of a contemptuous act. As the marriage has apparently broken-down the married couple are now living separate lives, as you say, having lived with a different partner for 2 years. The court is not a moral guardian so cannot dictate how the married couple conduct themselves as such. Are there plans to divorce? However, the father is within his rights to go for single custody if he believes that the mother's circumstances are not suitable for joint custody.

[Chappie82]

Re: Hi guys

He is in the military and as such not a stable back ground as can be called to duty at anytime. The child resides with the mother on their own. He does conduct himself in the right way around his child, but has been aggressive toward the lover due to desperation of losing a family I presume. Does he have any rights to prevent the lover seeing his child and I would be interested to learn of what circumstances they would consider this? By saying he wishes to take this kind of action toward custody it is manipulating the mothers decision in a way and is causing quite a lot of stress for her. He feels the lover is not stable mentally to be around his son but there are no signs of this to justify. What would the process be an any anticipated costs? The ideal situation would be to all accept and move on amicably. Your opinions would definitely help to calm her nerves. Thanks again.

[Kati]

Re: Hi guys

[MENTION=77627]Openlaw15[/MENTION]??

[Openlaw15]

Re: Hi guys

He is in the military and as such not a stable back ground as can be called to duty at anytime. The child resides with the mother on their own. He does conduct himself in the right way around his child, but has been aggressive toward the lover due to desperation of losing a family I presume. Does he have any rights to prevent the lover seeing his child and I would be interested to learn of what circumstances they would consider this? By saying he wishes to take this kind of action toward custody it is manipulating the mothers decision in a way and is causing quite a lot of stress for her. He feels the lover is not stable mentally to be around his son but there are no signs of this to justify. What would the process be an any anticipated costs? The ideal situation would be to all accept and move on amicably. Your opinions would definitely help to calm her nerves. Thanks again.

Well it just depends on the divorce, any assets post divorce, whether the parties act reasonably as to time etc. As to costs and processes it's a question for a divorce lawyer but the less amicable things are the more likely higher costs involved . Assuming a divorce, the law does a welfare test for children and whoever best satisfies this is likely the one who'll get full legal and physical custody or if potentially both satisfy and there are no obvious problems, both will get joint custody. As the husband is in the military who could be called up at moment's notice he's unlikely to get joint custody, he will probably have parental 'contact rights.' Given his mental instability, it may be a good reason also to limit contact with the child such as parental contact only.

Technically, if the lover is living with the mother who assumingly has been granted legal and physical custody, the ex husband would have to get an order to stop any involvement by the lover in the child's life. If the lover poses no threat to the environment of the child it's unlikely the ex husband would be able to get an order. If the lover posed a problem post divorce the ex husband could get a court order for change of custody for his favour potentially.