NRPP's children & access

speedster

kelloggs36 wrote: »

The school CANNOT legally stop him from taking the children out of the school as he is their father unless you have an injunction.

bit of a grey one that. a lot will depend on history and who is designated as being "collector"

my tried that old chestnut on a while back when she was on her contact blocking phase.

i wrote a strong letter to the school with a copy of my PRO and told them that i did not appreciate being treated like a criminal.

maggied_2

I don't think Gemma is being unfair here. He hasn't seen his daughters for a while and now is arranging directly with a very young child that he'll be collecting them from school without consulting the mother who has been left with all the parenting duties while he's been off making a new life for himself.

speedster

aye.

OP needs to talk to the school and explain the situation to them.

daska

kelloggs36 wrote: »

The school CANNOT legally stop him from taking the children out of the school as he is their father unless you have an injunction.

speedster wrote: »

bit of a grey one that. a lot will depend on history and who is designated as being "collector"

my tried that old chestnut on a while back when she was on her contact blocking phase.

i wrote a strong letter to the school with a copy of my PRO and told them that i did not appreciate being treated like a criminal.

It's a very grey area because the school has separate legal duties towards the child and all the people with PR and all the people who have care of the child.

Having experienced this from the opposite side, even without a court order preventing DSD's mum from collecting her, the school advised us that, when they know there is a dispute about contact or they have been told that a court order is being sought etc., if the NRP requests to take the child out of school early, they will double check with the PWC before agreeing to release the child. (Our problem: the police and SS put DSD into our care but mum believed we'd kidnapped DSD from school by turning up at lunchtime and informed us that she was coming to take her back. Even the most urgent private cases can't get to court overnight!)

13Kent

kelloggs36 wrote: »

The school CANNOT legally stop him from taking the children out of the school as he is their father unless you have an injunction.

In theory this may be true, but in practice it happened to us - despite my OH having shared custody - we went to pick them up from school one day (with the knowledge and agreement of the mother I might add) and the school wouldn't release them to us until they had rung the mother to check she allowed it. What would have happened had she not answered the phone I do not know - or if there was some sort of emergency and we needed to pick them up. As you can imagine my OH was less than pleased to be denied access to his own children for seemingly no reason.

clearingout

My ex once told anyone who would listen he was taking the children out 'on holiday' to Greece (where I happened to know his then-girlfriend was from). Total panic on my part as he never mentioned it to me. School very helpful but did tell me if he came to pick them up, unless I had a court order preventing it, they would have to let the boys go with him. I wrote to them, explained my fears and simply asked that the contact me via house phone, mobile (phone), text and e-mail in the event that the ex picked them up at a time that wasn't otherwise agreed. Obviously, if he had taken them straight from school one day, I would never have known, but on the off-chance he picked up early mentioning a dentist's appointment or something, I'd have been informed immediately.

As it happened, I needn't have worried. What on earth would he have done with a couple of kids on a romantic holiday with the girlfriend anyway?!!!! Yet another of his promises to the children that never came to fruition!

Kimitatsu

It is a grey area because it spills over into the issue of child protection. I had the issue where my ex had not bothered with the kids for a couple of years so rang the school where he thought they were - the receptionist told him "oh no they are not here they have gone to X school". He rang the new school and the head teacher had the sense to call me and say who is this random bloke ringing wanting to make contact with the children? (Have to point out he had not attempted to contact me at all at this point!)

Legal dept of the LEA went nuts because on their forms it was written in large letters that ALL details were to go through me because of the lack of contact and the possibility of him just turning up one day to "see" them. I had a very grovelling apology but as I pointed out thankfully I dont believe that there was a risk of abduction or violence but what if there had been? There was a case not long ago where the father had been given contact to pick up the children from school, despite a history of violence, he picked the kids up and disappeared forever. The violence was so bad that the teachers had to take a phone out with them with a direct number to the local police if he ever turned up unannounced - but there was no court order in place.

In the case of the OP, the epilepsy is the key issue, and the school will uphold the rights of the PWC to know where their child has gone, if there is any doubt they will not release the child because of the issue of child protection.

LizzieS_2

Schools ask who is allowed to collect the child. If nrp is not listed the school should not release the child without asking pwc first. That is simply to protect the school from legal action in the rare instances of a parent abducting & murdering the child.

gratefulforhelp_2

Hi, OP and hugs for the situ. He does, indeed, sound like a charmer.

My XH tried this on after he had abandoned his 3 month old daughter, telling me I would allow him to take her here and there. My solicitor said nonsense, she was BF on demand (and you may well choose to BF for the full year or more). It is not in the child's best interests to be taken away from the source of its nutrition and comfort.
You need to contact the school and inform them of the situation, speak to your solicitor about this. Revisit this information with the school regularly and ask the head to ensure s/he goes over this with all staff.

Good luck, brave lady!

speedster

It is not in the child's best interests to be taken away from the source of its nutrition and comfort.

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blimey. a page straight from the wimmins aid website!

that old chestnut is frequently used in contact cases and gets shot down everytime.

normally, if the pwc comes up with that arguement in a CO case, the judge will ask how you feed when out and about and breast pumps get suggested.