Can a father get access with a Criiminal record?

LegacyUser

Asking for my gf being brought to court by ex. After 11 months of no contact he has applied for gaurianship / access id imagien will come. He has two previous convictions, 1 of which the children were in the car at the time while he tried to decieve a Bank out of money pretending to be someone else.

Would a judge actually allow access?

Taltos

Moving your thread to parenting.
Thanks Orion.

Taltos

Ashbourne hoop

Generally a judge will look favourabley at the father's application for access as they see it as a right of the child to know their father. There are many cases of father's who committed crimes (probably worse than your g/fs ex) who have got access from the courts.

Pandora2

^^^^^^ This

Once a sentence has been served you are deemed to have redeemed yourself in society. I would think the only relevant crimes would be those in the realms of child abuse or reckless endangerment as they would be relevant......only my tuppenceworth, she should really seek legal advice asap.

The Corinthian

My understanding is that a criminal record will not stop him getting access. It may stop him getting guardianship or unsupervised access however. Speak with a solicitor.

neuro-praxis

A criminal record is not an impediment to access to children. As said, the nature of the crimes is taken into account, and the nature of the access is granted as appropriate.

Soccer Mom

Sorry, I don't mean to hijack the thread, but it is on a similar topic. What if access was stopped by the mother because the father assaulted one of the children while the other watched on? By this I mean it goes on to him being charged for assault on one of his children?

I'm not asking for any legal advice, I figure someone else may have been (unfortunely) in this kind of a situation.

As an aside, and purely to add a little bit of background, In my own case the father also refuses to pay court ordered maintenance and has breached a safety order and also caused criminal damage to property. He's threatened to kill me and told his sons they're not his anymore, yet he's trying to get me held in contempt of court for not allowing access. I have no doubt that he will not let them away with having told me what happened to them, as I've informed the police and child protection. I know for a fact they'd be in danger and I'm terrified he will get his hands on them again. He has a drink problem, anger problem, and extremely bitter and vengeful that i ended the marriage. Child protection are out the door with work, and despite a request for a child specialist to talk to them, it hasn't happened yet and that was 5 months ago.

Again, I've just added some detail to my own story here, but I wondered if anyone else had been through anything remotely similar? My nerves are gone with it all.

edellc

My sisters ex has a big criminal record, he drives with no licence, tax or insurance, has a drug habit and doesnt give a crap about his child this one or the one from a previous relationship, he just wants control over my sister and the child is the way he is doing this. He has beaten my sister to an inch of her life with the child in her arms, so much so that her child stopped talking granted he was just over 1years at the time but he stopped and was just a different child. Eventually she left and moved back home, and he harrassed my family home every night ringing and ringing the house phone, her mobile, sitting outside the house all night you name it and the guards where rubbish, as he had not done anything they wouldnt do anything also he informed on his dodgy "friends" so the guards turned a blind eye to what he was doing....my mam was very sick at the time, terminal and this **** made her situation worse along with other factors.

Eventually she went to the family courts and guess what the fools gave him unsupervised access even though he didnt give a **** about the child just wanted to assert his control over my sister, she didnt give him unsupervised access she went along to a public park with her child ever week to meet with him and he had no interest in the child just wanted to get back with her,half the time he didnt turn up and he never ever gave her money, he is and was a waste of oxygen.

After numerous years of begging various gardai to do something about something about the harassment and threats to my family, and even with warrants out for his arrest he still got away with it all, the English did what the Irish law failed on in so many ways and locked the fecker up, he killed someone while driving under the influence of drink and drugs and with no tax and insurance. I was gutted for the family of the deceased man as it all didnt need to happen if only the guards over here would have come to my mams door and seen him in his car with no tax nor insurance which he swanned around in every day yet they turned a blind eye, they are as much to blame as he is for that poor mans death.

So in answer to your question it makes no difference if they are a criminal or not, the irish family courts are a joke and think they do what is in the best interests of the child when in fact they do not and may be causing more damage to already vulnerable children.