I have left my partner and taken the children to my Mum's home. Can I stop him
from picking up the children from school?
Both parents have the right to pick up children from school, and the school
will rightly be concerned if there is any possible dispute, but most of all if
there is any doubt about the child's safety. Make sure the Head Teacher knows
what is happening, and ask your solicitor for advice about a Prohibited Steps
Order if there is a real likelihood of abduction
I wasn't married to my children's mother, but we lived together for five
years and my name is on their birth certificates. Do I have any rights?
An unmarried father has no rights as such, and will need Parental
Responsibility which can be agreed through a Parental Responsibility Agreement
or by Court Order. A father who is recorded on the birth certificate and who can
demonstrate a real commitment to his child can normally expect to be awarded the
right to be treated as the legal father with full parental rights.
My 13 year old son has been staying with me and my new wife over the summer
holidays. He's supposed to go home tomorrow but says he is frightened of my
ex-wife's boyfriend. Does he have to go back?
Holidays are always a time for relaxation and reflection, and not many of us
want to go back to work afterwards. So too with children - but to refuse to
return a child after a contact visit is in law a 'snatch' and some judges will
make orders on the spot for their return without listening to the arguments.
Unless there is real concern of significant harm, judges will make those orders
to maintain stability. If there are real problems, and of course a 13 year old
child's views will be listened to, then an immediate application for an Interim
Residence Order is needed.
My ex-partner wants to have the children to stay over at weekends but I know
his girlfriend will be there. Can I insist on him seeing them alone?
Contact disputes are more often battles between parents than disputes about
what is best for the children. When couples split up, they will - hopefully -
start new lives, but the process can often be painful. It's even worse for the
children, who can shoulder the blame themselves too, thinking that they were
responsible for their parents' problems. Be alert to that.
Above all,
parents need to find a way to talk about their concerns. Mediation is immensely
helpful, with a third party with no axe to grind. It may also help to set up a
meeting outside either home, on 'neutral ground', to talk about practical
things.
I'm 14 and I want to go and live with my aunt. She's spoken to someone who
suggests I should apply to a court for this to happen. How do I do this ?
Any child or young person is entitled to advice but the law only allows them
to apply to a Court for an order through a solicitor and to the High Court. It
would be better if your aunt was herself to make an application for a Residence
Order. In disputes between parents a child may obtain independent advice but the
circumstances when he or she would be separately represented by a solicitor are
still rare.
You can get independent advice though from:
National Youth Advocacy
Service
Lawyers for Young People