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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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HI Good Morning I wonder if you could advise the rights

Customer Question

HI Good Morning

I wonder if you could advise the rights to the following situation. My Sons father has not been in contact to see him since January. My son was born in 2013 and we both registered him, so his father is on the birth certificate.

We had a huge fall out in October of last year for a while he was still taking him but since January, nothing. He has however on 2 occasions, showed up at his nursery dropping nappies and wipes and going. Since he has been born untill the point of last month he had never given a penny for him, however, last month he had put money in my account, using his name as ref. MY son has had numerous appointments i have informed him of, however he has neither attended one, nor acknowledged any of my messages concerning them.

I have found a new nursery which is closer to my home, however when I looked around the manager told me, whether or nor he is listed on her nursery documents, if he comes to take her, they cannot stop him. I went to look around alone and would be regsitering her alone, they would have at no point met him. What is the legal position of this, as it worries me he can just collect him as and when he pleases (if he were to choose to do so). Also if he continues to be absent, in term of legal rights what can I do, will he keep his parental rights regardless or can these be revoked? I have never once stopped the contact, he has stopped it.

Finally in term of him seeing him, if he were to come back what would be the best way as my son is only 14 months and would not remember who he is, I do not want to interfere with their relationship but at the same time my trust in him as a father has gone and I would not feel comfortable with him taking him at this point in time. He would need to show some sort of consistency, but I do not want to come across as the 'power hunger mum'. Legally what would be the best way to proceed with this entire situation?

Thank you
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
has he ever threatened to remove the child from Nursery?
Customer: replied 4 years ago.

Hi Clare.


No he has not threatened to do this. My reason for moving was soley based on the fact the new nursey is closer to home.

Expert:  Clare replied 4 years ago.
You do understand that it is the same at the existing nursery?
Customer: replied 4 years ago.

The existing Nursery he is in is run by my best friends mother, so although legally it is the same, she would never hand over my son to anyone but me. The problem is the distance it is quite far from my home every morning.


I was not made aware that this is the procedure until I went to the New Nursery to sign up.


Is there any further information you need to enable you to answer my question?


Thank you


Customer: replied 4 years ago.
Relist: Incomplete answer.
Customer: replied 4 years ago.
Relist: Incomplete answer.