Ask a Law Question, Get an Answer ASAP!
Hello, welcome to Just Answer! My name is ***** ***** I am a London based practising barrister with over 15 years experience. I am happy to assist you today. I may need to ask you some questions in order to determine your legal position and I will provide you with an email advice on the same day. Thank you.
There will be an automatic generated phone call offer should you wish to speak to me directly for a fixed fee with no time limit.
(Please note this is NOT always an instant chat service therefore I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. / within 24 hours if it's outside office hours.)
I am so sorry to hear about the situation.
If you also have parental responsibility over your child, the school is legally wrong in saying everything need mother's permission. Has your parental rights ever been removed?
Not that i know of? I thought i read something on google about if you werent married the parental rights automatically go to the mother? Or am i reading it wrong
That is not true at all! Is your name on the birth certificate?
Yes it is
In that case you have equal parental rights as the mother and you need to make the school aware of that.
Would you like me to take a look at the order?
I dont have it yet as the hearing was only yesterday im still waiting for it in the post, but ill gladly send it to you once i have it.
I tried saying to them on the phone that i have a court order saying shes in my care from that time meaning i dont need permission from her mother but they were still refusing. They are a seperate after school club privately run so dont think theyll be very clued up on the law, where should i go from here? Does it matter that the mother is the one paying them because that might be why they are trying to keep her happy. The only reason shes paying them is because she is on universal credit so gets it paid for whereas i wouldnt
You need to show them the court order and tell them they need to let you or anyone with your authorisation to pick up your child during your time, otherwise you can contact the police. If they are not convinced, you can send them a legal letter and warn them they are in breach of the law if they refuse to let you pick up your child.
I hope this helps?
Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.
Thankyou. Ill try this and come back to you if i need to. Thanks
You are welcome. Hope it goes well for you. Take care.