Child abduction

ford_prefect_3

Parental responsibility has little to do with this as the child is old enough to express a view within the legal framework and be listened to.

Likewise, any residency order is only going to have any real use for a removal overseas as even with an order if the kid up sticks and goes elsewhere he will be listened to.

Fear of abduction is only applicable in law when the fear is of abduction outside the jurisdiction of the courts, its a common tactic tried on by mothers in the family courts to secure a residency order by the back door during contact proceedings. Fortunately the courts are wise to this and any residency order has to be heard in its own right if presented in contact proceedings and opposed.

Unless the child has diminished mental function his viewpoint will dictate the outcome of any proceedings.

In terms of the relationship between the parents, your BF is a joke, any coward can send abusive text messages, which in law would constitute harassment as well as meeting the CPS standard for domestic violence! He needs to man up and grow some. I am male and its behaviour like your BF's that helps stereotype the rest of us.

RadoJo

To be honest, if we were reading a post from a mother saying that her ex-partner and teenage son had had a big row, and that her ex sends her abusive text messages, the advice on here would probably be that she should try and get custody of their child. If your partner only has acrimonious contact with his ex, then she may well extrapolate this to mean that he talks to his son in a similar fashion, or that their relationship is similarly strained, in which case I can understand her attitude.

In an ideal world, all three of them would sit down together and work out something which they can all live with, whether that's a trial period living with his Mum, staying with Dad but everyone agreeing to behave themselves better or perhaps even considering shared custody if one parent could move closer to the other. Obviously this is all speculation, but I really think that if everyone is genuinely concerned about the best interests of the child in all this, then an effort should be made to ensure that he is no longer in the middle of an acrimonious relationship between his parents.

dancing_star

pulliptears wrote: »

Sounds to me like a very confused 13 year old boy who's struggling to cope with the pressures of becoming an adult himself, has raging hormones and 2 parents who'd rather play a game of one one-upmanship than take into account what the boy wants and feels. No wonder he's angry, I think I would be as well.

I fully agree. and whoever said they need their heads banging together is right as well.

The texts are two-way, both send stroppy texts to each other. I have told BF to stop it RIGHT NOW as I know how bad it could look. And because it isn't right as well.

There are a whole load more issues I can't go into.

Basically the parental responsibility thing, he does have PR because he was only put on the birth cert about 3 years ago (long story). He checked it out with an advice line, can't remember who, and found that by getting on the BC after 1998 this automatically gave him PR.

Thanks for all the replies, and believe me I am not sticking up for my BFs bad behaviour. But there has been bad behaviour both ways, only I don't want to go into too much detail... thanks again

[Deleted User]

Hi, if there is no formal residency order then I wouldn't have thought you could really do much as any person with parental rights can remove a child from the country for 28 days without consent and you are talking about staying in the UK, only after the 28 days is this classed as parental abduction and only if your OH has PR's....my OH applied to the court last year for a PROHIBITED STEPS ORDER which stopped his ex from removing his DD from the jurisdiction(UK) but this was as she was planning on fleeing abroad before a pending court case regarding contact although I don't know if this covers moving into mums house if its still in the UK, your best bet is to go see a solicitor and see what they say but as people have said I would think that the court will get take in to account what the child wants if he is a teenager. If its going to be a court battle between the parents then CAFCASS will more than likely get involved and if his son doesn't make it clear who he wants to live with then the Judge will make the decision based on what he thinks is best for the child and the CAFCASS reports. As someone above has mention re parental rights you need to look in to if he actually does have them as having your name on the birth certificate doesn't automatically give you PR it all depends on if you were married and when the child was born.(this is a joke but unfortunatly thats just how things were) You CAN apply to the courts for the Prohibited Steps Order without having parental responsibility as my OH didn't have his PR's at the time of his application but he should look at applying for PR too....very unlikely he won't get them if his son has been living with him and he has always played a part in his life. HTH