Hi Linzie
My ex walked out on me in the early stages of pregnancy with
our third child. Whilst waiting for him to be born, my ex took me to court
for 50/50
residency of the other
two children (3 & 5) so we have been through the court process and it's not
fun! There was no
contact blocking as is
happening in your brother's case - ex had the children 3/7 nights and until
baby was 5 months old, he denied he was the father.
We had to go
through the
CAFCASS process (this is the court social work service,
if you like) and the recommendations as far as the baby was concerned were
'little and often' so my ex now has him every Monday and Tuesday for 4
hours and every other Saturday and Sunday for 4 hours. He also sometimes
comes round in the early evening for an hour or so. Baby now recognises my
ex and sooner rather than later, he will be going overnight to him (sob!).
So, on this basis, your brother shouldn't fear the court route.
However, it sounds like the ex has done a bit of homework and realises
that contact centres are an option - your brother will need to be careful
that he doesn't get into any confrontational situations with her,
particularly where he loses his temper so that she cannot accuse him of
being abusive, aggressive etc. Can you go with him on the Sundays so he
has a witness? Of course, having the witness may be viewed as
confrontational and cause problems in itself - I guess it's about weighing
up the situation really.
The other issue I wanted to pick up on
was the maintenance - is he paying cash or through his bank account direct
to hers? If it's cash, he might want to consider stopping that (you can't
trace it, she can deny she ever receives it). A standing order marked
'child maintenance' into her account every week would go a long way to
showing the ex he means business. If necessary, he would then have
'evidence' for court that he is fulfilling his responsibilities (although
the courts don't look at money and children in the same breath - your
brother has a right to see his child regardless of whether he pays or not).
Alternatively, he can contact the CSA and go through them (there is a
maintenance calculator on their website so he can see how much he should be
paying). And let's face it, if she's happy to take his money, she should be
happy for him to have PR and see his child!