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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33312
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My sons father took my son whilst on a visit with him to yorkshire

Customer Question

My sons father took my son whilst on a visit with him to yorkshire with out my knowledge , he has access to our son 3 nights a week in Newcastle . I wasn't aware he had gone or when he is due back .he usually drops him off 9 am Thursday morning . I tang over three days and was told my son didn't want to speak to me ( he is 4 ) . he is due yo attend nursery tomorrow and my ex won't give me a set time he will bring him back ...he has alreadyiCan you please let me know when Jake leaves your care to venture home just so I know that they will arrive safe in Newcastle , sorry to involve you but Matty didn't even let me know Jake was leaving Newcastle or not attending/ attending nursery tomorrow . to me this seems a little inappropriate as anything could have happened on route and I thought he was safe with his dad in Newcastle . I am happy Jake is with you and Bob , but in future I would really appreciate knowing before hand where Jake is on an evening . thanks janine missed one day this week without my permission . surely he can't take him away over night without me knowing or knowing if he is vomi g back ? He has taken my son before when I have tryed to leave the relationship and fear due to the recent split if he will bring him.back .
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
is he named on the Birth Certificate?
Clare
Customer: replied 1 year ago.

Yes

Expert:  Clare replied 1 year ago.
Hi
Then he has Parental Responsibility for the child and I am afraid that that means that whilst the child is in his care he is entitled to take the child anywhere in England and Wales without your permission.
Of course you are right - it is good manners at least to let you know where your child is at night - and I am sure that you always let him know - but unless it is going to be a regular occurrence there is little you can do to force him to be reasonable on this issue.
However failing to return the child is a very different matter - and if he does not return the child, or does not return him on time then you can obtain a Child Arrangement order to protect you and your child.
You have done everything you can at the moment - if the child does not return to day then you can be in court in the morning if necessary!
Please ask if you need further details
Clare

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