[Solved] can i bring my son home without my wifes concent

Hi patman

Firstly welcome to dadtalk

I have sent a link to your thread to our legal experts over at the Children's Legal Centre, it may take a few days to respond do please do hang in there

Cheers

As far as I am aware (but get proper legal advice) - you have as much right to have your son live with you as your wife has with her. This means that you could take your son back, BUT it's going to make the situation very bad unless you have a good reason for him not living with her. You need proper legal advice and you need it quickly - if you are going to try to get custody of your son, then the more settled he is with your wife, the more reluctant the courts will be to move him.

The Children's Legal Centre on here have posted a phone number (Child Law Advice Line on 0808 8020 008) on various threads - I'd give them a ring straight away.

Dear Patman,

Thank you for contacting the Children’s Legal Centre, an independent charity concerned with law and policy affecting children and young people.

From a strictly legal point of view, you are able to take your son and keep him with you, as both you and the mother have Parental Responsibility because you were married, however you should consider whether this would be the best option for your child.

Should you choose to do this, your wife can remove him from you, and you have the ability to take him back and this can lead to a very unsettling environment for your son and is never advisable, and this type of behaviour may be viewed negatively in court.

In these situations, the police can often become involved if there is a conflict or the situation becomes heated, and this will also be considered in court, as will the impact that these conflicts will have on your son.

Either you or your wife is able to apply for a residence order for your son at any time. This is a legally binding court order stating with who the child is to live.

To make an application for a residence order, you can instruct a solicitor to act for you (on a legal aid basis if you are eligible) or you are able to represent yourself in court.

If you choose to represent yourself the forms you require are the C100, CB1 and CB3 and these can be downloaded from www.hmcs.gov.uk . There will be a filing fee of £175. There is further information on acting for yourself (called acting as a Litigant in Person) on www.elc.org.uk under the law and UK court system section.

The matter will go to court and the court will hear all the circumstances and facts of the case and make a decision as to whether you or the mother should be granted residence or whether a shared residence order is appropriate based on what is believed to be in the child’s best interests.

Any court order is legally binding and can not be altered without either the consent of both parties, or the court amending the order. A court order is enforceable.

We hope that this information is useful to you. Should you require further legal advice please contact our Child Law Advice Line on 0808 8020 008 and an advisor will be happy to help.

Kind Regards

Children’s Legal Centre

Its evil what some people do, and the law really needs to be stronger.
I have a son and he was taken away from me only 3 days from birth.

This should be class as arming your child or stronger,

Sorry just angry at the moment with the some mothers.

Chris

It is a problem, but unfortunately, it's one of those areas where the law could never do the job properly. Ultimately, what can the law do - lock the mother up if she fails to give access, especially if there is no contact order? The problem there is that the court would never (or extremely rarely) consider that such a penalty was in the childs best interests. Don't get me wrong, I'm not condoning the actions of parents who do this, but you can see why mediation is always the best way if it's possible.