Parental rights ?

FBaby

Mimi is your who is wrong. It's already been established that OP doesn't have PR. This means that legally he has no rights at all. Being on the birth certificate will not change this. So yes the police could come and take child away with a big 'we are sorry but have no choice'. OP your priority is to get PR today.

Takeaway_Addict

ViolaLass wrote: »

As it's your son we're talking about and not a pet dog, what are you waiting for?

Ummm, what was the point in this post? The OP quite clearly is looking into things.

TBagpuss

deannatrois wrote: »

I think that if you are named on the Birth certificate as the father that DOES automatically give you parental rights. This was how it was explained to me at the registration office when his father and I were registering our son's birth (we weren't married). This was in 1996. So I am certain you do have parental rights. Its only if you aren't mentioned on the birth certificate that you have to apply for parental rights/responsibilities later.

That is not correct.

A father automatically has Parental Responsibility if
- He is married to the mother at the time of the birth
- he subsequently marries the mother
-if the birth was registered after December 2003, if he is named on the birth certificate.

OP, if you do not have PR then you cannot remove your son without his mother's consent. However, if he visits you and discloses that he has been it, it may be possible for you to make an urgent application to the court for an interim (temporary) order for him to remain with you while fuller enquiries are made.

If the Local Authority (Social Services) were to apply for a Care Order to remove him from his mother's care then they could then place him with you.

it is really important that you get some proper legal advice from a solicitor. Social Workers are *not* legally trained and are often not familiar with the law, particularly the law as it relates to private proceedings. I would strongly recommend that you ask the Social Worker to confirm in *writing* to you that they recommend that you should not allow our son to return to his mother and they they consider he should live with you. IF they do it, you will be able to produce that letter and it would be very strong evidence to support an urgent application for your son to remain with you.
I f they won't (and they almost certainly won't) you find out now, and not when you are being asked to explain why you 'snatched' your child, and they start back-tracking!

If you do have PR then (assuming there is no court order in place saying your son lives with his mother) then you would not be in breach of the law if you did not return him, but you should still apply immediately for an order

You could speak to the social worker and ask whether they think that Mum would agree to him living with you, as of course if she is struggling to cope she might be prepared to agree on a voluntary basis, in which case it would be sensible to get written confirmation in case she later changed her mind.

You could of course also ask Mum directly if you are on terms with her that would let you do so.

ViolaLass

Takeaway_Addict wrote: »

Ummm, what was the point in this post? The OP quite clearly is looking into things.

The OP has now said at least twice that they're 'going to' get legal advice. I don't know why they've waited - this is too important to rely on an internet forum that is stuck on arguing about whether the OP has PR.

Personally, I would have gone to a solicitor the same day that Social Services asked me to look into this. If the kid is going to stay and needs a school for September, the OP needs to get their skates on.

valleyboy22

Thanks for the replies and I'm on the case with my local solicitor and gonna go from there.

valleyboy22

hi all,

Well after a few months of my sons step dad has been charged with common assault and battery. After a bit of advice on this if possible please? I was told by the social worker involved also in this that now he has been charge that his step dad can still have access to see him maybe under supervision if wanted to by his mother? I find this hard to beleive and i have contacted my solicitor on this and wainting a reply back. Also i want to go for a child arrangement order so my son can be registered here in wales encase there is any problems if he visits in coming back home. I was told i can have help in doing this for free if the social worker classes my son under a certain catagory but not sure what they are, but again im waiting on my solicitor for this.
My son now has been lives with me for 3 months and his mother seems to want very little contact with him because she is on her boyfriends side(his step dad) which i find totally wrong.

GobbledyGook

Does your son want to see his step-father?

I would hope (and assume) that at 12 his wishes would be taken into account with it all.

You'll just have to mind out in case he goes along with the idea of seeing step dad to try and get his Mum's approval.

Good luck.

valleyboy22

No he does not want to see him after what has happened because he is still frightned of him and i will not if can help it let his step dad see him again. He has been put through enough over the last three months and just want my son to get on with his life safe free enviroment from this happining ever again to him.

GobbledyGook

Then I highly doubt any court (and I'd let the mother/step-dad take you to court for that access) is going to force a child of that age to see a step-parent who was violent to them. Especially when you called him the mother's boyfriend in the first post so is she not married? So he isn't even related to your child.

I know you were reluctant to have any court proceedings because your son has been through enough, but have you firmed up residency of him? I'd make that a matter of priority so that your son knows he has a secure and stable future with you.

duchy

Does he want to see his Mum though ?