Legal Question..

We recently got asked the following question by email and asked if we could post it on the forum as we know many of you dads face similar situations and might find the advise offered helpful. Thanks to our friend for letting us post it....

When my ex wife and I were going through our divorce we decided that she would have residency of both of boys and I would have access to them one weekend in two. Recently, the younger of them had a major argument with his mother and her partner. As a result, when I picked him up on my weekend to have him, he told me that his mother had told to pack his bags and to go and live with me (and my partner). There was no contact from my ex to tell me that she was kicking him out. After a week or so my son and his mother met to try to resolve their differences, but he told his mother that he would prefer to live my me. He has been living with us for a month now and I have contacted the CSA and child benefits to make claims. However, I am not sure what my legal rights are and my ex is trying to dictate to me what I should do with our son.As far as I am concerned she has abadoned our son and should no longer dictate to me. What are your thoughts

And here is the responce from our partners over at the Childrens Legal Centre...

Legally, both you and your ex wife have parental responsibility for your children as you were married.

This would generally mean that you both have the same right to have your children living with you, unless a residence order is in place. If your ex wife has agreed to your son living with you then you would be the resident parent of this child, unless there is a residence order in place in which case you would require her consent or a court order to allow your son to live with you until the order expires, usually at aged 16.

If there is no residence order in place, which would have been granted separate to your divorce (the Arrangements for Children that were agreed during a divorce are not legally binding), then as the resident parent you would have the right to make the day to day decisions regarding your son's upbringing.

For the larger decisions regarding your son, for example his education, religious upbringing, medical treatment and whether he goes abroad you should seek the input of the mother when making these decisions, as both parents with parental responsibility have a legal right to a say in these decisions.

If two parents cannot agree on a major decision in a child's life, and the child is below 16 years old, then the matter will usually be taken to mediation or to court by the parents.

We hope this information is useful and has clarified your position. Should you require further legal advice please contact the Child Law Advice Line on 0845 120 2948