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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33319
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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I have a father who had his 3yr old son left with him a year

Customer Question

I have a father who had his 3yr old son left with him a year ago and has brought him up and put him in a nursery school and the mother is now demanded to have him back and is threatening to take him to court if he doesn't hand him over. Would it be better for the father to take the mother to court or to let her take him to court? As he is worrying that he will lose his son.
Submitted: 11 months ago.
Category: Family Law
Expert:  Clare replied 11 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstIs the father named on the birth certificate
Customer: replied 11 months ago.
Yes he is on the birth certificate.
Expert:  Clare replied 11 months ago.
What contact has the mother had with the child since she chose to leave?
Customer: replied 11 months ago.
not a great deal as the child has returned from her care with signs of physical injury and neglect. he has also been having nightmares of being snatched by the mothers new boyfriend. i have noticed that he has got trust issues towards other female adults and he definitely is suffering from fear of abandonment. he hasn't seen his mother for aprox 3 months. due to the mother not agreeing to the father staying with them.
Customer: replied 11 months ago.
can i also ask you about an issue regarding my own children? i haven't seen my 3 children since 12 october 2013. they are now aged 9 twins and girl of 12yrs. i really want to have contact with them but don't know where to start.
Expert:  Clare replied 11 months ago.
With regard to your first question, Both parents have Parental Responsibility for the child and neither has more right that the other to have the child in their careHowever children are not toys to be picked up and put down and what they need most is security and stability - which is what the father has provided.If the mother did make an application to the court she would be disappointed as the court will not move the child to her care as she believes.However the child is entitled to have a close personal relationship with his mother - WITHOUT his father being aroundAccordingly he needs to offer regular contact - starting in a Contact Centre if need bewww.naccc.org.uk If he fears that the mother will simply remove the child from his care then he can make an immediate application to the court for a Prohibited Steps Order - but otherwise it would be better to try and discuss matters with her using Family mediationwww/familymediationhelpline.co.ukI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 10 months ago.
Thanks for the info I will pass it on to my friend. But you haven't replied to my second question.
Expert:  Clare replied 10 months ago.
Hi
With regard to your second question then you will need to arrange to discuss matters with your ex using Family mediation
If that fails then you will need to make an application to the court
Clare
Customer: replied 10 months ago.
O I can't do mediation with my ex. I don't know where they live. He has never given me a address or tel number. Or even a email address l have no way of contacting him.
Customer: replied 10 months ago.
my friend the father of the 4yr old had put in a school application to the council for a place at the school at the bottom of his road in which his son currently attends the nursery. but now he has heard from the council that the mother has put in her own school application for a different school that is close to her. the council have made the decision that both applications are to be thrown out so that the child will not be starting school in september as he should be due to his age. can this be handled by the prohibited steps order? or will he need to apply for a specific issue order as well?
Expert:  Clare replied 10 months ago.
Hi
It is unlikely that the council will not allocate a place - they have no choice but to do so.
However your friend needs to apply to the court for a Specific Issue Order to deal with which school the child will go to
Clare

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