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Parental rights ?

Hi

Sorry if this is in the wrong section.

I have a son which is living with him mum 200 miles away which he comes to stay with me during school holidays. Recently I found out his step dad has hit him a few times and resulted to the social services n police getting involved. I was advised to get him and bring him back to stay with me until this issue is investigated. I was told this had happened a few times and the social services suggested I look into schools by me encase he does not go bk. Also he said because he was born between 2002 2004 I have just as much rights to keep him here if necessary without involving police etc. My son Is 12 years of age and he explained that he has a right in saying where he wants to live. They are also concerned that his mother was not bothered what was going on and they want to look into that no child neglect is happening with two kids she has with her boyfriend. I am on the birth certificate which the social services asked also.
Any advice on this please?
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Comments

  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    You'll have to discuss this first with his mother. If she's not willing to let him live with you you'll have to go to court and yes as you say the wishes of the child will be taken into account. If you can I'd wait until the school year is over before changing schools...it's not that long away then start him at a local school in September.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • ViolaLass
    ViolaLass Posts: 5,764 Forumite
    It sounds like social services are advising you so I'm not sure what advice you need from us. Are you not happy with what they've told you?
  • valleyboy22
    valleyboy22 Posts: 419 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    I don't wanna go in guns blazing saying I don't want to take him bk to his house without knowing legally where I stand. I think I will contact citizens advice on thus matter and go from there
  • rpc
    rpc Posts: 2,353 Forumite
    Is son currently living with you?

    Who advised you to keep him with you? Social services, police or "bloke down the pub"?

    Do you know what your son thinks and where he wants to live?


    If social services are working with you then you should ask them your questions. It may be that you need their support to get a court order that protects your son.
  • jhe
    jhe Posts: 1,827 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hi

    Sorry if this is in the wrong section.

    I have a son which is living with him mum 200 miles away which he comes to stay with me during school holidays. Recently I found out his step dad has hit him a few times and resulted to the social services n police getting involved. I was advised to get him and bring him back to stay with me until this issue is investigated. I was told this had happened a few times and the social services suggested I look into schools by me encase he does not go bk. Also he said because he was born between 2002 2004 I have just as much rights to keep him here if necessary without involving police etc. My son Is 12 years of age and he explained that he has a right in saying where he wants to live. They are also concerned that his mother was not bothered what was going on and they want to look into that no child neglect is happening with two kids she has with her boyfriend. I am on the birth certificate which the social services asked also.
    Any advice on this please?

    i got excellent advice and support http://dads-uk.co.uk/forums/.
    i was in a similar situation to you
  • HappyMJ wrote: »
    You'll have to discuss this first with his mother. If she's not willing to let him live with you you'll have to go to court and yes as you say the wishes of the child will be taken into account. If you can I'd wait until the school year is over before changing schools...it's not that long away then start him at a local school in September.

    No he wont. If he takes the child, the mother would have to go to court to decide custody, no one parent has more rights than the other.
  • JoW123
    JoW123 Posts: 303 Forumite
    Hi

    Sorry if this is in the wrong section.

    I have a son which is living with him mum 200 miles away which he comes to stay with me during school holidays. Recently I found out his step dad has hit him a few times and resulted to the social services n police getting involved. I was advised to get him and bring him back to stay with me until this issue is investigated. I was told this had happened a few times and the social services suggested I look into schools by me encase he does not go bk. Also he said because he was born between 2002 2004 I have just as much rights to keep him here if necessary without involving police etc. My son Is 12 years of age and he explained that he has a right in saying where he wants to live. They are also concerned that his mother was not bothered what was going on and they want to look into that no child neglect is happening with two kids she has with her boyfriend. I am on the birth certificate which the social services asked also.
    Any advice on this please?

    We you married at the time he was born?? If not I'm not certain you have parental rights legally. My son was born in 2002 and his dad does not have automatic parental rights. I think you may have to apply for them. Just to add, I'm talking about legally not morally here.
    'And our dreams will break the boundaries of our fears'
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    You will have gained automatic parental right if the child was born after Dec 2003. If before you will need to apply for it and go to court if she doesn't agree to sign the form.I believe it can be granted without much aggro and costs. Getting parental responsibility is essential in your circumstances.
  • JoW123
    JoW123 Posts: 303 Forumite
    FBaby wrote: »
    You will have gained automatic parental right if the child was born after Dec 2003. If before you will need to apply for it and go to court if she doesn't agree to sign the form.I believe it can be granted without much aggro and costs. Getting parental responsibility is essential in your circumstances.

    Couldn't remember when the law changed so thanks for posting this. I guess he must have been born before Dec 2003 though if he is 12 so dad needs to sort this asap.
    'And our dreams will break the boundaries of our fears'
  • valleyboy22
    valleyboy22 Posts: 419 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Thanks for the replies the social worker advised we look into it and he mentioned the born dates but wanted me to look into it first. We were not married. My son is unsure at the moment and he us staying at ours for a while while thus is looked into.
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