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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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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We have just finished the final hearing of our child

Customer Question

We have just finished the final hearing of our child arrangements order and one child in the order isit his, his solicitor had said can the order state that he has parental responsibility in the time he has with him and the Judge said yes but this was not a application made it was just a statement, the Jude has also given me a declation of non parentage ? So I'm unsure why he would grant him this also I didn't agree with it so what can I do to stop it ? He was hurting my other children so being his mother I don't want him to go and will do everything in my power to stop it !
Submitted: 8 months ago.
Category: Family Law
Expert:  Clare replied 8 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information but I need some further information firstWhat order was actually made?
Customer: replied 8 months ago.
When I have the declation of non parentage he will be removed from his birth certificate which will remove his rights but now I'm worried that he's solictor has tried to make it so that he has been granted parental responsibility even if he is removed from the birth certificate ,
The order was made today and I didn't agree to it ?
I did of our other two children tho ?
Customer: replied 8 months ago.
The order made was that all 3 children will live with both parents 50/50 one week on one week off, but I disnt agree to one of the children as he's not his and only 2 ?
Customer: replied 8 months ago.
Because he has been in his life for 2 years doesn't give him any rights to him ? He's real dad wants to have contact and this will only confuse him more ?
I must be able to stop this some how ?
Expert:  Clare replied 8 months ago.
Was there a full hearing about this?
Customer: replied 8 months ago.
Yes there was with social services involved with a section 7 report and it stated both are good parents, that's it and that they feel he should stay with him 50/50 because that's all his known but this is unfair he's 2 ? He doesn't know ?
Customer: replied 8 months ago.
He's only trying to get him to get to me and get a bigger house ?
He's not having him he's my baby
Customer: replied 8 months ago.
Are you still there ?
Customer: replied 8 months ago.
Hello ?
Expert:  Clare replied 8 months ago.
Did you raise the issue of the fact that he is not the father with Social Services?
Customer: replied 8 months ago.
Yes but because it was based on all of them and they didn't know how biological father wanted contact but his was said in court and just ignored ?
Customer: replied 8 months ago.
But he us been there all his life of 2 years and so the judge didn't want to upset the child but the child doesn't know ? And will forget about him,
What will happen if when I recive this birth certificate and then I refuse to give him to him ?
Customer: replied 8 months ago.
My phone is going to die soon is there any way you can respond quicker ?
Customer: replied 8 months ago.
Thank you
Expert:  Clare replied 8 months ago.
The site charges more for a phone call.i assume that the Order is that the children live with you part of the time and with your ex part of the time is that correct?
Customer: replied 8 months ago.
Yes he has decided to give us 50/50 so no one has any less or more but I don't want him to have my son and will keep refusing to give him back
Customer: replied 8 months ago.
If I don't give him back his solictor has said she will order a emergency contact order and I will have to go back to court but I will still say no, can the judge make me give my son to him ?
Expert:  Clare replied 8 months ago.
Did you have a solicitor representing you?
Customer: replied 8 months ago.
No because they wanted £6000 and legal aid wouldn't of come through in time,
I put my case across and it got ignored
Expert:  Clare replied 8 months ago.
How old are the other children and when did your ex first realise he was not the father of the youngest child?
Customer: replied 8 months ago.
He had a DNA done without me knowing and it only came out in November 2015
The other children are 7 and 1 who are his but the 2 year old isit his
Expert:  Clare replied 8 months ago.
So it is the middle child who is not his?
Customer: replied 8 months ago.
He had a DNA done when my son was born so he's know for over two years
Customer: replied 8 months ago.
Yes we have had a court order on our first child before in 2008
And then we got back together in 2013
Expert:  Clare replied 8 months ago.
So he has always treated the child as his and the child is your MIDDLE child not your youngest?
Customer: replied 8 months ago.
I have other older children that he has hurt and we have only been back together for two years, it's not the youngest, he tried to make me get rid of Logan when I was pregnant marching me in the doctors etc ?
But I refused to and the whole family ha been subject to domestic abuse so I do not want him going to him anymore and will do everything to stop it
In our last hearing the judge stated that there was nothing the court could do regards ***** ***** but now has put him in the order ??
Customer: replied 8 months ago.
There is a 5 year gap between his oldest and my son, we weren't together for over 3 years, and because of his nature I got back with him so he wouldn't take him off me but two years later and he is ?
Customer: replied 8 months ago.
He's not allowed any contact with my other children
Expert:  Clare replied 8 months ago.
RightSo I understandThere are three children aged 7 2 and 1The middle one is not biologically that of the "father"The court has ordered that all three chidlren share their time equally between both of you.You agreed to this with the 7 and 1 year olds but not the 2 year old.Social Services approved it for all of themIs that correct
Customer: replied 8 months ago.
Yes because social services didn't know he's real father was involved, I haven't agreed to it and his solictor asked if it could be noted that he has parental responsibility on the week he has my son,
I have been grated a declaration of non parentage but she knows I can use this to get him off the birth certificate so hasn't officially spoiled for parental responsibility but wants it stated ?
Customer: replied 8 months ago.
Not spoiled I meant applied
Customer: replied 8 months ago.
What's the worst that an happen if I refused to give him back, I have my reasons and have expressed them
Expert:  Clare replied 8 months ago.
Did you ask for permission to appeal the order?
Expert:  Clare replied 8 months ago.
Ignoring or defying the order is not an optionThe Court can and will enforce the Order and the court actually has the power to increase the time the child spends with him.Despite the biological fact the court will be reluctant to treat the children differently when until now they have always been treated in the same way.The fact that the biological father simply means that some time has to be found for him AS WELL not instead of.If you believe that the arrangements are not right for your child then you need to appeal the order - not defy it.Please ask if you need further details
Customer: replied 8 months ago.
Ok but I have appealed before and I pay hundreds of pounds for them to say no ?
He didn't listen to my reasons and he is my son so I'm unsure why that if I feel he's not safe with him or he doesn't want to go to him that he should ? The judge said to tell him he's not his father earlier so what if in 3 years time he says I don't want to go to him anymore ?
Customer: replied 8 months ago.
I believe my child will be treated differently,
And will not have it, I'm not sure why the last Judge said nothing could be done about it and now he's giving him 50/50 ?
Surely no one has the right to give a child that's not his to a person who hurts children ? I believe he will hurt him in the future and have been told by his sister that he gets locked in his room on his own when he wants his mum !
How can a judge give a child that's not his more than his mother ?????
This is unfair and I will give in and even if I keep going to court I will keep refusing to give him back
Expert:  Clare replied 8 months ago.
I am afraid the fact that he is not biologically your ex's child does not change the court's powers.If you can prove that he treats that child differently in the future - and your son may well make disclosures to his nursery in due course THEN you can go back and get the order changedIn the mean time if you do not abide by the order you face losing the children to the full time care of their father so please do not do it
Customer: replied 8 months ago.
The only reason my son still continued to see my ex is because I adeare to the court order, and I didn't want it to effect the judges disission in today's order,
Expert:  Clare replied 8 months ago.
I understand that but that does not change what i have said about the position that you are in now
Customer: replied 8 months ago.
Ok I am going to appeal today but I won't be returning him and I don't care if I get fined or prison for trying to get back my son !
Customer: replied 8 months ago.
And I would go to every paper it would go national I don't think it would be very good to take a child of his biological mother and give to a stranger for breaking a court order and no other reason ?????
I WILL not wait a few more years of suffering for my son just to maybe have the court order changed, this won't be acceptable, he will not go back to him ever again and no judge in the land can tell me any different
Expert:  Clare replied 8 months ago.
Deep breaths - we need to fight this carefully if you wish to win.How old is the sister who mentioned about locking in his room?
Customer: replied 8 months ago.
She's 7 years old and I know for a fact he will be treated differently, I have wrote to social services to see if they stand by there descion with Logan and see where that gets me I guess
Expert:  Clare replied 8 months ago.
OkWhat else do You KNOW - as in can evidence?
Customer: replied 8 months ago.
I have tex messages saying he regrets taking him on, the section 7 states his parents won't bond with him in fear of me stopping contact, the fact that he doesn't want to go and cries at hand over, and the main fact that this is all just to get back at me !
Expert:  Clare replied 8 months ago.
When were the text messages sent?

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