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TOPIC: LAW Advice disparately needed

LAW Advice disparately needed 6 years 4 months ago #26910

  • Luke92
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Hello, my first time using this site but i am hoping for some good replys

The run down of it all is i split from my Sons mother and since then contact has been minimal. no legal action has been taken and recently concerns about his safety in his home have arrived. ive already contacted social but i want to explore every thing ASAP.

I am on the Birth certificate so i Do have PR. My questions are

If i take my son from her care to some where safe and secure would the police be able to interfere ?

if I do the above but have a solicitor apply for a interim care order for a Judge to temp put a custody order in place is that a option?

if there is no residency order in place no care orders at all what is stopping me from taking physical custody ?

any form of advice would be great

Kind regards, Luke

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Re: LAW Advice disparately needed 6 years 4 months ago #26912

Were you married to his mum?

Although common sense would say yes you could just take him, she would then claim kidnap and it gets dirty. However, if you contact social and do it with their assistance and taking their advice, then you have covered your arse.

But it very much depends on whether you were married. If you were not, you've got hee haw rights, for now.

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24 Year old Non Bio father from early pregnancy. Fighting for my son!

Self-Rep

Contact awarded interim hearing!

Contact lost from false allegations

Re: LAW Advice disparately needed 6 years 4 months ago #26915

  • Luke92
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no we was not married but i have social backing me and Im seeing a Solicitor to see my options when its done it will all be done quickly. I am praying this will work out but i don't know the law too well :/ from what ive learnt I will be able to Take ethan put him some where safe, solicitor will apply for interim care order with social services backing the case and then we will move onto a Residency how ever im still trying to find out if this will be possible 100% no one seems to have a definitive answer as every case is different

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Re: LAW Advice disparately needed 6 years 4 months ago #26916

As you were not married I don't think you have automatic rights and you will need to go down the court route to gain access and then residency I'm afraid.

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24 Year old Non Bio father from early pregnancy. Fighting for my son!

Self-Rep

Contact awarded interim hearing!

Contact lost from false allegations

Re: LAW Advice disparately needed 6 years 4 months ago #26923

Hi there,

As said every case is different, I wouldn't go down the route of just taking the child somewhere safe as you would possibly damage your case as and when you go to court, the mother could throw all sorts of alagations at you including you don't have full rights to see your child let alone take him away and not bring him back.

Be very careful of acting before thinking every possible outcome through, you need to rule with your head and not your heart with this.

As you have a solicitor we can't ask our legal team to coment.

I would ask social to act for you in removing your child if they feel the need and then place him in your care, keep everything above board to protect your case.

Darren

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Re: LAW Advice disparately needed 6 years 4 months ago #26929

  • Nannyjane
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Hi there :)

As you have PR and SS backing I would telephone your local police, explain the situation and ask them what your rights are and if you were to take your child would they have to intervene and return him to the mother. Make them aware of your PR status, of the risk the child is believed to be under, and the fact that SS are invoved and are supporting you. If they give you the go ahead, before you make your move contact your solicitor and have them be ready to submit an emergency Residence Order, you can be in court and granted Interim Residency within days.

My son was in a similar position, the mother gave him the child and then wanted him back, my son refused because there were safeguarding issues. She called the police but when they arrived they couldnt take my grandson back to the mother because they both had PR and the mother had no Residence Order in place. As you say though there doesnt seem to be any continuity as far as how the police will react, so its best to ask first.

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Mum and Grandmother, supporting my son who has residency of his son.
I want to see a much fairer system in place, where Dads and their children have a voice that can be heard.
There are many groups of people that have equal rights within our society and its about time Dads were given equal rights too.

Re: LAW Advice disparately needed 6 years 4 months ago #26936

i have been acussed of kidnap,although my son has always lived with me at my mothers,the police have not visited,i know they were phoned by the mother.I rang social sevices and they said as long as the baby was not at risk they would not interfere i have had a health visitor call out of the blue.As theres aligations that our house is dirty.I go to court next week.as she has asked for a residency order.I couldnt apply first as im waiting for legal aid.As nanny jane said diffrent police have diffrent policys,so i would take advice legal advice before doing anything.

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