until six(we have nothing legally binding at present).What legal rights do I have if he does not return our son at six?At present he does not have a residency or access order.If he does not return him am I legally entitled to go and collect my son personally or get the police to if needs be?
2006-08-26 08:37:20 · 15 answers · asked by rhieanon6108 2 in Politics & Government ➔ Law Enforcement & Police
We are not married and I have suggested going to mediation and then to a solicitor to set up something more legally binding then neither of us can re neg on the agreement.Has anyone had this happen to them and if so how did you get your child back?
2006-08-26 08:44:30 · update #1
I've been on the citizens advice bureau website and understand that as we are not married,I automatically get responsibility for my sons custody until any other arrangements are put in place.Is this correct?
2006-08-26 08:46:31 · update #2
Our son was born after 2003 so my ex has automatic parental reponsibility but not automatic custody,according to citizens advice.
2006-08-26 08:49:27 · update #3
Why do you think he won't return your child? Has he threatened to do so? If he has givien you any idea that this is so, don't let the child go. Keep them both at your house.
If this is something you're just afraid will happen, then go in trust. I wouldn't be too hard on the six o'clock thing - your ex might just be playing power games. I wouldn't get the police involved unless it is serious. Keep it cool, play it down. Be prepared for a bit of aggravation - but bear in mind that is what it is, aggravation. He's being childish and trying to rattle your cage. Ignore it.
It will pass as your separation progresses. Try not to make it into a power struggle.
BTW - I had the opposite problem - my ex wouldn't turn up and if he did - brought the kids home hours before the time was up!
2006-08-26 21:33:20 · answer #1 · answered by True Blue Brit 7 · 0⤊ 0⤋
Well you will have to trust that he will return the child, because if he is in Texas at least, then whoever has the child has the right to keep the child until a court decides. I would say that you should ask him while you secretly record the conversation if he will admit that you have control and custody of the child until a court decides. This is legal in TX but I dont know where you are at the moment. You may also consider getting him to sign a statement to that effect before you give over the child. how old is the child? Typically a younger child is left with his mother and an older child, say more than 11, can choose who to live with.
Good Luck.
2006-08-26 16:07:03 · answer #2 · answered by Walter J 3 · 0⤊ 0⤋
I personally would write up something wich would ensure that your son is not taken away without prior consent from you and have a law profesional look it over. Or tell your ex that you do not trust him enough to be alone with your son and you want, A mutual friend to be with him in a place where there are other people, a jungle jims or indoor play area for two hours to start with , as you feel more comfortable leaving your son who is three or under from what you have said the time can be extended.
I would have to sit down and seriously think how much your ex did with your son while you were together. Did he for example take him out alone. Was he left alone in your home. Good Luck.
2006-08-26 17:49:53 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Ultimately, your childs welfare (physical and mental) is the most important thing here. You don't say how old your son is - but all children should have the right to see BOTH their parents and I would hope that the parents bickering amongst themselves, would not ruin this for the child.
Do you have serious doubts that your ex-partner is not going to return your son at the appointed time? If so, perhaps you should not let you son go with him if you are concerned for his welfare and well-being in anyway.
Obviously, if you can sort the issues out between you both - and you trust your ex, this will save you a lot of money and heartache.
If your son is not returned at the appointed time, I would firstly try to contact your ex by phone and find out if they have been unavoidably delayed.
If it seems that he is not going to bring your son back I would then contact the police with any concerns. But make sure you explain yourself clearly to them - and avoid any hysteria that might make them think you are over-reacting and ask them for their advice and assistance.
2006-08-27 02:40:40 · answer #4 · answered by Sally J 4 · 0⤊ 0⤋
If you're in the UK, if you're not married then the mother has parental responsibility, and the father has none. However, if he refuses to return your son, and you call the Police, they will first assess whether there is any risk to the child and if not, will decide whether removing the child from the father would be more upsetting for the child or not. They will refer the matter to their Child Protection Unit and Social Services. If there is obvious concern they can take the child by force if need be.
2006-08-26 21:17:01 · answer #5 · answered by ragill_s1849 3 · 0⤊ 0⤋
If there is nothing in writing then I think you would be within your rights to have him spend the afternoon with his son in your home.
Either that or call the visit off until such time as there is a legally binding contract/agreement drawn up by the courts.
If there is no written agreement saying where the child lives etc. then the police are powerless to interfere.
2006-08-26 08:43:56 · answer #6 · answered by monkeyface 7 · 1⤊ 0⤋
I have the same problem. If you were married he has the same rights as you, if you were unmarried then you have the right to call the police and have him returned. If there is nothing legal set up yet,i would suggest seeing a lawyer for custody and arrange proper access for him to see your son.
2006-08-26 08:41:55 · answer #7 · answered by Catherine C 2 · 1⤊ 0⤋
As you were not married he does not have any custody rights until this is decided by a court. You are the with the rights at the moment and could use the police to bring back yourson.
2006-08-26 23:57:33 · answer #8 · answered by bob kerr 4 · 0⤊ 0⤋
First, is this the first time he's seeing your son, if not, then I wouldn't worry too much. If it is, then I would be a little worry. For your protection and your son here is a something you need to know. This is going to sound crazy but please believe me this is for your protection, okay. Go to court and get guardianship for your son. Now you're probably saying why do you need guardianship for your son, well you do! If his father decides not to bring him back, you will have a long costly battle on your hand and for all you know, his father may have already petition the courts for guardianship. He could have told them he don't know where you are...you're a unfit mother, etc. etc. etc. you never know until it too late. If you and him ended your relationship on good terms, then I say okay, let your son go with him but if not, then I would be hesitated. Although I'm not a legal counselor but I know the law. You may ask attorney should you file for guardianship and they will probably tell you no, but I swear to you and God is my witness please get guardianship...you can do it yourself...you don't need to pay an attorney...just check with the courts in your city and they will assist you. Hope this will help you.
2006-08-26 09:06:40 · answer #9 · answered by Ms. Unique 1 · 0⤊ 0⤋
Best advice: don't let him see the child until you have a legal document establishing custody. He can take him anywhere and not return. Be smart. I knew a father who took the child to another state and they had to do the whole custody thing twice. If they hadn't done it once then he might have secured sole custody in another state.
2006-08-26 08:57:01 · answer #10 · answered by LORD Z 7 · 0⤊ 0⤋