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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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my son and his g/f had a baby boy in febuary this year and

Customer Question

my son and his g/f had a baby boy in febuary this year and she has taken him and refuses to allow him to see the child both names are XXXXX XXXXX birth certificate, so if he was to take the child would it be a criminal act she is 20 and just stays here and there where as he is 30 and has his own place of residence altho small the baby is breast feed but could be bottle fed just dont want him to be arested by taken the child altho am told he is legally allowed to have him as much as here
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

Your son has parental responsibility over the child by being named on his birth certificate and Parental responsibility is defined as all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and the child's property.

He should not forcefully take the child from the mother as this could turn nasty and be detrimental to the child and not in the child's best interest e.g. The child could get hurt but he should try mediation with the mother if he cannot amicably sort this with the child's mother or as a last resort, court action.
A CAFCASS officer may be involved in preparing a report about welfare issues to help the court decide what order to make.

Your son should contact the charity Families Need Fathers for assistance

Hope this helps

Expert:  UKSolicitorJA replied 3 years ago.
Under recent changes, your son must go to mediation with his ex girlfriend before going to court.