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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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My son was awaiting a domestic violence against the mother

Customer Question

My son was awaiting a domestic violence against the mother of his son and the bail conditions were that he had to stay away in that time they were still in contact she came around the family we and he had the baby overnight with her consent. She registered the baby and didn't tell him she asked him to come to her house a day in February an argument broke out he wanted to take the baby she started stalling wrongly he took the baby and was at his auntie he is now being accused of kidnapping he bought the baby back fine and unharmed the police said because his name is ***** ***** the birth certificate he kidnapped his son meanwhile he got a fine for d/v and is in court in July and has been in prison for 4 months he is pleading not guilty she has expressed that my family will not see my grandson what are my son's chances of this case .I have not contacted her as instructed by the solicitor and unfortunately it's my son or grandson and right now it has to be my son it's his first time in prison and the time it goes to court it would be 6 months
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello I am a solicitor with 20 years experience I will try to answer your question.
I am a little unclear about things here. If he is the father of the child he can not be guilty of kidnapping. Whether or not he is on the birth certificate is irrelevant.
Is it the DV trial coming up?
I am not sure exactly what you want help with. The chances of being found guilty will depend on the strength of the evidence, but most defendants are found guilty in the magistrates court.
As for contact that will have to wait until after the criminal matter is concluded.
If there are any specific questions then please let me know. I will be on and off this site today but will look in again later.
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience: Solicitor with over 15 years experience.
LondonlawyerJ and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

She went ahead and registered the baby without him so his name is ***** ***** the certificate.

He was tried for the d/v whilst on remand and got 6 weeks but as his away they found him guilty and fined him and he is appealing.

Whilst he was on bail and told to stay away from her which he did for a couple of weeks she consistently called came around without the baby went willingly shopping drives and hotels with my son if she couldn't get hold of him then she would change and become quite nasty saying he or the family would not see the baby she asked him to come to her house so he could have the baby but I think it could have been some set up because when he arrived she started giving him excuses he kicked in her door took the baby for 7 hours he went to his auntie house the police were calling as at the time the baby was only 10 weeks old he was arrested I was told that if his name was on the birth certificate they wouldn't have done anything but his name wasn't so he has been charged with kidnapping

Expert:  Clare replied 2 years ago.
Hi I am afraid that since he was not named on the birth certificate he does not have Parental Responsibility for the child and accordingly he has no right to have the child in his care - hence the kidnapping charge.having said that there are options available that will give him Parental Responsibility 9and get his name on the birth certificateClare
Customer: replied 2 years ago.

Hi all I want is a honest answer to the question I have asked twice now my son has served or would have served 6 months the time the case goes to crown court in July, he is pleading not guilty what are his chances of a release?

If you can come back to me.

Thanks

Customer: replied 2 years ago.

Hi what are the options to get his name on the birth certificate as the mother is going to be difficult

Expert:  LondonlawyerJ replied 2 years ago.
Hello, I have just rechecked the position on the law of kidnap and I am sorry to say I misread the law. In order for a parent to be charged with kidnapping their own child the prosecution must get the prior approval of the Director of Public Prosecutions. If this approval is given then the prosecution can proceed.
I don't think that parental responsibility is relevant to whether an offence of kidnapping can be made out. In any event if parental responsibility was obtained now it would not alter the facts at the time of the incidents. (ie even if having PR was a defence to kidnap it would not be a defence in this case because it was not in place at the time).
The final question you are asking is in a different area of law to the first question which I have addressed and you will need the help of a different expert to assist.
Customer: replied 2 years ago.

Hi so what you are saying is that although she has told him/us that it's my son's child and he took the baby without her consent to a relative of mine and the baby was returned unharmed that is considered kidnapping even though we/my son had the baby overnight a couple of times? So should I prepare for a custodial and if so how long considering he has served 6 months already?

Expert:  LondonlawyerJ replied 2 years ago.
The only way for you to find out what is going on is to speak to his lawyers who know all the facts of the case. They will not be able to talk to you without your son's authority so he needs to write to them or tell them that they have permission to discuss the case with you.
As for sentence this is usually a custodial sentence but the length of sentence in kidnapping varies wildly depending on the facts.
Customer: replied 2 years ago.

Hi I have been speaking to his solicitors but my son wanted an idea of what to expect as it's not straight forward and she had asked him to keep the baby for a while that day we are just waiting for his mobile where the messages are. Thanks for your help on the matter

Expert:  LondonlawyerJ replied 2 years ago.
That is Ok and I hope it works out for you and your son.