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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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child obviously not happy with Mother (under caff?) parents

Resolved Question:

child obviously not happy with Mother (under caff?) parents not married, how difficult would it be for Father to get parental responsibility?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child and is the father named on the Birth Certificate?
Clare
Customer: replied 3 years ago.


2yrs 7 months old, Father is on birth certificate, BIG problem is that child is very very upset when he has to go to Mother ( banging head screaming etc) Mother admits she cannot cope, but would not willingly let child be with his Father as the main carer.

Expert:  Clare replied 3 years ago.
Hi
How does the child share his time between his parents at the moment?
Clare
Customer: replied 3 years ago.

equally, shifts alter, Father is in the police force, Mother is a student nurse

Expert:  Clare replied 3 years ago.
Hi
So exactly how does it work (this is important)
Clare
Customer: replied 3 years ago.

each parent has the child 3 or 4 nights per week, Father takes child to nursery more and has the child more daytime hours.

Expert:  Clare replied 3 years ago.
Hi
Have the nursery raised any concerns about the care given by the mother?
What changes would Dad like to make?
Clare
Customer: replied 3 years ago.


Yes nursery staff raised the concerns and initiated caff meetings. A record book is kept daily of childs moods behaviour etc and nursery and parents keep a record ( they fill book of childs mood etc when collected and how he is at home and bedtime routine etc) Mother has never filled in this book! Mother has been advised to attend anger management course but never did! and has been asked to attend parenting classes.


Dad is beside himself with worry, child is not happy to go home with Mother Why????????


Dad would like parental responsibility.


Thanks for all this help


You have probably worked out that I am a very worried grandmother


 

Expert:  Clare replied 3 years ago.
Hi
Have Social Services indicated whether they would support your son if he applied for a Residence Order?
Clare
Customer: replied 3 years ago.

I don't know whether that has been spoken about!


But thankyou I will ask that question!


I am doing this research with you because I live away from them, I gather that should be asked now, before we access a solicitors help

Expert:  Clare replied 3 years ago.
Hi
Your son already has Parental Responsibility for the child as he was named on the Birth Certificate
From all that you have said the process which may well lead to your son acquiring the Residence of the child eventually.
Social Services are already involved and the matter is being dealt with under the Common Assessment Framework - details here
http://www.derby.gov.uk/health-and-social-care/children-and-family-care/social-care-common-assessment-framework/
Clearly there are serious concerns - and if they continue then your son has a very good chance of success if he does apply for Residence
He can read more here
http://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
Please ask if you need further details
Clare
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