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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32893
Experience:  Over 25 years experience in law
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My son wants to know his rights. He fathered a child who was

Customer Question

My son wants to know his rights. He fathered a child who was born on 8th July 2015 and the mother is being obstructive for him (or me) seeing the grandchild. I have made enquiries through Social Services but will not be given any information due to data protection. The mother says the baby girl has been taken into care due to mothers drinking and drug abuse. We feel as the child has a stable grandmother and loving son (I'm former Social Worker and qualified nurse) the child should be with us who could care the child - not foster parents whom she is probably now bonding with. For now all my son wants is to see his child and I would love to have some access or visitation rights.
Incidentally, the child has black blood in her. We are of mixed race anglo/caribbean background - mother is white Irish. Maternal grandparents are very racist against my son and have verbally and racially abused him when he has tried to visit the ex partner's parents home to enquire about his ex and child.
The mother lived with us for 5 years so she became like a daughter to me - I've always treated her well. She changed just after she gave birth and feel there might be an element of post natal depression. I am so sad not to have seen or held my grandchild and my son is almost suicidal and depressed over the whole situation. Thanks.
I Harrison
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
Well the good news is that if he is the father he has rights and indeed responsibilities and if the social services rule the mother out then he and indeed you will need to be considered as potential carers. The Data Protection argument is nonsense where your son is the father. I would suggest as a matter of urgency getting child care solicitors to contact the Local Authority - because if they have instigated court proceedings the law seeks them being resolved within 26 weeks and this can result in adoption if there are no suitable carers. I can only stress that time is of the essence. I hope that this helps - please rate positive.
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32893
Experience: Over 25 years experience in law
Thomas Judge and other Law Specialists are ready to help you
Expert:  Clare replied 1 year ago.
HiIn fact if your son is the biological father of the child then there is no question of any order being made without the involvement of your son.However Social Services do not have to speak to you - indeed under the Data Protection rules they may not do so - it is your son who is legally entitled to the information and to be involved A DNA test will be required to prove that he is the father (Social Services will pay for this) and he will then be entitled to Legal Aid to pay for a solicitor to act form him, he will be assessed as a carer - and can also ask for you to be assessed as well.However it is not clear that the child is actually in care - so you and your son need to attend the Local Children's Services office TOGETHER and seek clarification
Expert:  Thomas Judge replied 1 year ago.
My colleague is technically wrong on her advice. If the mother does not state who the father is (she may say I don't know) then the court can progress matters without father's consent - as such my advice still stands. I hope that this helps.
Customer: replied 1 year ago.

We will today seek to speak to a Family Lawyer or make an appointment for early next week. We approached Social Services for a DNA test for my son, but they just kept saying 'there is no baby'. The Police came to our house looking for the mother, and we directed them to her parents home. They came back to our home with info from the maternal grandmother stating 'there is no baby' and the police believed them. The mother's family are former Irish travellers. I am thinking now that she may have gone to Ireland to give birth as she disappeared two weeks before the baby was due. Since then she has phoned my son (from another phone) to confirm there is a baby. We can't call her as she has blocked all our nos. She rings my son to taunt him about the baby and rings off. As a result we are left with the pain of not knowing where the baby is, or confirmation that there is a baby. When she lived with us at 38 weeks gestation she was proud of her small 'bump' and my son would feel her stomach and feel the baby kicking. She also went with her for scans and she showed us baby pictures in the womb. Surely she could not have made all this up? She also said she would register the baby in my son's name, but, of course, by now the baby would have been registered in her name.

We are beside ourselves with worry and confusion.

Expert:  Thomas Judge replied 1 year ago.
I completely understand your pain. It would not be unhelpful if possible to record any further calls from her to your son. The key is that the law has a number of powers to assist whatever the current truth is in this case.
Expert:  Clare replied 1 year ago.
Hi
You have given a great deal more information now which changes the nature of the question
What is clear is that at this stage no applictaion can be issued at all as there is no evidence that there is a child here in the Uk and accordingly no evidence that the Uk Court has any Jurisdiction.
Instead you need to find evidence that the child is currently in the country - or was born here.
Your starting point would be to instruct an Enquiry Agent to search the registers to prove the birth
Without that there is nowhere to go
However before doing that think carefully - did your son attend any of the medical appointments with her? Was he present at the scans?
If not then sadly it may well be there is no baby
Clare

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