[Solved] Right to take my son

If you had a Residency Order in your favour then you would be within your rights to do that………however if you do not then you’re on very dodgy ground. If your child lives with his mother but you have contact then you would be classed as having abducted him.

You would have to prove that you are protecting your child and prove that the mother poses a serious physical risk to him.
That is a difficult one because in lots of cases you read about on here and on the web….the mothers will be believed before the father…. unless the mother is known to the authorities…Police/Social Services etc… and then you’d have a fighting chance.

If you were to do that then it would almost certain go against you in the contact dispute at court.

I unfortunately think that you would have the police called on you if you did that. The law is not fair for fathers who should have just as equal a right to keep the child as the mother.

Unless you had serious concerns about the child's safety, its not a good idea to take him, as will be considered abduction, the police will most definitely be called, although if you had parental responsibility, they will only check that he is okay, and report back to mother, if you don't have pr, they will take him back, and more importantly, the Court will not look well on it.

This question has been asked before, usually because there are serious concerns for the child's safety. As has been said its not a course of action to be taken lightly. I have always advised in situations like this to call the police and discuss the risks to the child's safety with them and ask them what their involvement would be if the mother asked them to become involved. As EnyaM says if a parent has PR then they won't usually get involved, just check that the child is ok.....if a father acts to protect their child in this way I also advise that they involve Children's Services from the onset.