My ex has not seen our Son who is of primary school age for over a year. I have a restraining order against him as he was convicted for common assault & Criminal damage against me 8 months ago. Despite his behaviour I did try & make a contact arrangement for our Son almost a year ago, but he was NOT interested at all. He has now filed an application for contact, & I’m wondering what to expect? & what would happen if I reject his application? As I do not think its in my Sons best interest to see him whilst he’s young. He witnessed his dad’s behaviour, & has now accepted life without him, & is happy. I think that my ex has only made this application to get me to have to relax the restraining order, as contact would be so complicated with the order in full force. My mental health suffered terribly after all his abuse, & I don’t want to be pulled down again.
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I think that you need to be prepared for the likelihood that courts tend to view that parental contact is in the child’s best interests. And even though witnessing dv etc will be taken into account it really doesn’t frequently lead to no contact being ordered.
You can reject, and then the court will award as they so please. But personally I would say that this leaves your son more open to your ex getting more of what he wishes.
it maybe better to advocate for supervised contact in a contact centre for as long as you can get. To see if he can commit to this and then a long slow build up to unsupervised contact.
I would suggest getting a free half hour with a family solicitor who can then advise. And possibly doing this with a few different firms as the advise will vary significantly.