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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34509
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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12 year old boy lives with mother who has good relations with

Customer Question

12 year old boy lives with mother who has good relations with childs father to whom she has not been married nor shared a home. There has not been cause to refer to court for formal custodial arrangements as acceptable arrangements have been maintained between parents. Mother has had mental health issues but sadly has recently been diagnosed with breast cancer. Surgery and longer term medication will be required but has resulted in irrational behavior in the extreme including decisions effecting the childs care and schooling without consultation of the father who is prepared to accept care of the child until his mother returns to good health. The father has concerns as to the welfare of the child and wishes to know what legal rights he can exercise in such circumstances.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
What kind of decisions have been made?
What contact does the child actually have with the father?
What are the actual welfare concerns?
Clare
Customer: replied 3 years ago.


I have supplied additional information you requested but I have had no advise to date. Please refund the charges I paid. Thank you.

Expert:  Clare replied 3 years ago.
Hi
I am sorry but as you can see the information was not received
Do you still require assistance?
Clare
Customer: replied 3 years ago.


I have very regular contact with my son, he stays with me at my family home on a regular basis although there is no formal legal arrangement in place. I financially support him and his mother including payment of school fees. His mother wishes my son to leave his existing school and move to boarding school, and also for him to reside in the care of a school friend and family during her treatment. I have a loving and caring relationship with my son and his mother but I wish to know if decisions that effect my son can be made without my knowledge or consent?

Expert:  Clare replied 3 years ago.
Hi
Have you ever signed a Parental Responsibility agreement?
Could he remain at his current school if he moved to live with you?
Clare
Customer: replied 3 years ago.


hello. thanks for your response. I have not signed a Parental Responsibilty agreement, yes he would be able to remain at his current school in the event he stayed with me but I accept it would not be as convenient for him for transport and my supervision of his homework diary may not be as efficient also the fact that he will be with a close school friend at this time and an environment he knows well is an important factor. I do not want his life disturbed more than necessary, his welfare is the the priority. Outside of courtesy I merely seek to ascertain if i have a right as his father to be consulted and be in agreement of decisions that effect him.

Expert:  Clare replied 3 years ago.
Hi
Just to check - which month and year was the child born?
Clare
Customer: replied 3 years ago.


his name is Noah dob 03/12/2001.


I am registered on his birth certificate

Expert:  Clare replied 3 years ago.
Hi
I am afraid that you do not have Parental Responsibility for the child and thus legally at the moment you do not have the right to be consulted.
However if you applied to the court you would undoubtedly be granted a Parental Responsibility Order which would give you that right.
Alternatively the mother could sign a Parental Responsibility Agreement
You can read more about this here
https://www.gov.uk/parental-rights-responsibilities/what-is-parental-responsibility
Please ask if you need further details
Clare
Customer: replied 3 years ago.


Clare,


 


are you saying I have all the normal responsibilities of a parent but efectively no rights as to his best interest because I was neither married to his mother and he was born prior to Dec 2003?


 


seems very discriminatory don't you think?

Expert:  Clare replied 3 years ago.
Hi
I agree - as eventually did those who make the law hence the change in 2003.
The position can be corrected relatively easily - either with or without the co-operation of the mother
Clare
Customer: replied 3 years ago.


clare,


 


noted and thanks for all your advise.

Expert:  Clare replied 3 years ago.
Hi
I hope all goes well
Clare