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Discussion in 'General Chat' started by barneythore, Aug 1, 2009.
does anyone know what the rights are of a dad getting the child off its mother need advice asap
Oh dear, thats a bit of a sensitive topic ill have a look for a link for you
How Visitation Rights Work For Fathers - Separated Dads (UK)
Not sure how good this site is
It depends on when the child was born and if the dad is on the birth certificate
if the child was born in 2004 the law changed so if the dad is on the birth certificate they have the same rights as the mother.
They would have to go to court and gt a court order for visitation/joint custody or have a very very good reason for wanting full custody of the child very rarely do they take a child way from a mother tho
If dad is on the birth certificate and you dont want him to have any contact or supervised contact you would also need a very good reason (violence, druggie or an alcoholic e.t.c)
I'm not to sure myself - I am the advice above will help.x
I split up from my kids father about 3 years ago, and then i moved 150 miles away from him.
He is now going to a solicitor as i have told him he can only see them supervised in a contact centre.
I think it does depend on how you are as a father and if you see the children reguarly. Yes it will have to go to court i think unless you can come to a civilised agreement with the mother out of court.
Maybe go or speak to the citizens advice they are very good with advice.
thanks for all the advice its much appreciated
Hope you can get it sorted.
Do you have parental responsibility ? If not that is your first task - a long and drawn out process get yourself a good solicitor, you may be fighting a loosing battle as the courts always always view in favour of the mother in most cases.
The best you could hope for is unsupervised access and this again is after a long journey through the courts, any dirt the mother has got on you will definately be used against you so brace yourself for a rough ride.
(This is advice to you direct from my husband I've typed this out as he has worded it to me he has a daughter he hasn't seen in seven and a half years after £15,000 spent in legal fee's on a lost cause, and he only ever wanted 4 hours contact a week, still no chance)
One last bit of advice don't ever give up be prepared to spend every penny you have, and lastly smile at the mother even though it probably kills you, my Hubby said good luck, hope you get what you want.
Dont think i can add any other advice here that hasnt already been given, i have been through the whole court thing where those issues were being sorted out, firstly the parental responsibility is the first thing, although if you want to get the child for other reasons, ie they are in extreme danger in care of mother then social services could be of help. Hope it all turns out ok.
its my daughters partner they are splitting up and he keeps saying hes going to take her to court for custody shes the 1 thats working and baby goes with her shes told him he can see him but at his mothers cause he hangs round with wronguns and she doesnt want there son bringing up like that she buyes baby everything so cant see hows shes doing owt wrong
To be honest he doesn't really stand a chance of custody unless he can prove the baby is in danger or neglected by your daughter.
Also I think her asking for contact at his mothers is reasonable, but unless she has proof that the people her ex hangs round with are dangerous or her baby will be unsafe round them the fact they are "wrong un's" to most people won't count for much. (I don't agree with this personally)
As long as your daugher doesn't bad mouth her ex to or around their baby, tries to be reasonable and thinks of their baby she will be fine.
And if he is as bad as he sounds he will probably loose intrest in their baby when he realsies how much of a commitment they are and how having a relationship with their baby doesn't mean having a relationship with your daughter.
I am sorry if any of this is wrong but it is what I have found from personal experiences. Hope it helps a little and if you or your daughter wants more info just pm me
I really don't think your daughter is going to have anything to worry about, read my previous post (advice from my Hubby). It's going to cost this guy thousands of pounds to fight your daughter through the family courts and the most he's going to end up with is a few hours a week unsupervised access if he's lucky.
ok from personal experience abot 15 years ago.....first of all solicitors will try to make an agreement between them if that is not agreed apon then next step is mediation, if mediation doesnt work ( this takes a few more months) a hearing takes place, this sometimes goes on for two court hearings depending on difficulty of the case, then usually a visitation can take place at a contact centre every six weeks, this gives the courts time to see him with child to see if normal visitation rights can go into place ie , he is capable of interaction with child ( this can take about four months) it usually stays around that amount of time unless he then wants to increase it, if you dont agree then its back to court etc. Its a long and lengthy process. If your daughter doesnt want him to have child because of where he will take her (i had similar issues) then tell him no and take it from there, even after i got an injunction out on a former partner after he threatened to kill me, he still eventually did so.(i made it very difficult for him to do so, including moving away, being held in contempt of court) when she was twelve she said she didnt watnt to see him anymore, and i didnt force her, at that age there is nothing that the law can do. She is 18 now and he has found out where we now live and is asking after her, she still doesnt want to know him, lets hope he gets bored and goes to annoy someone else! Any help you need just ask!