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What Rights Does My Ex Have With Regards to Our Children?

By: Elizabeth Mugan BA/BSc, PGDipLaw, BVC, CIArb - Updated: 18 Jan 2017 |
 
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We get many comments and questions from you about child support. We've taken a selection of your comments addressing the issue of keeping contact with your children and the fear of your ex taking them from you - and asked our expert to give some comprehensive information and advice.

The traditional view of the family set up has become something of a minority in 21st century society and because of this, a broken down relationship can lead to complicated legal issues. Whether you are recently divorced and wondering about the role your ex-husband has in your child's life, or you have a child from a relationship that has broken down, but were never married, you need to understand your legal position when it comes to creating an amicable situation for your child to grow up in. Here we aim to dispel some of the myths about parental access and to give you the advice you need to rebuild your life and your children's lives.

Parental Responsibility

Parental responsibility (also known as PR) creates "responsibilities" rather than "rights" regardless of whatever the state of the parents' relationship, emphasising the view that each will maintain an equal, shared and continuing responsibility towards the child.

Where both the mother and the father have PR, they have the power to act alone unless there is a circumstance where, by law, each person with PR is to give consent i.e. in the case of adoption. In reality, holding PR gives the ability to make decisions in relation to the child's name, religion, school, consent to medical treatment and marriage etc.

Who has Parental Responsibility?

Below is a flow chart to help you determine if you have Parental Responsibility:

A mother always has PR. A father who is married to the mother at the time of birth will automatically have PR.

To clarify, for unmarried fathers, the situation is different. Unmarried fathers will have PR if:

  • They marry the mother after the child is born
  • They have jointly registered the child's birth with the mother i.e. their name is on the birth certificate
  • For pre December 2003 registrations, the mother provides a formal declaration of agreement that the father's name is to be added to the birth record and the father re-registers the birth to add his details
  • The court orders a residence order in favour of the father, although this will usually terminate when the resident order ends (generally age 16)
  • A birth parent has signed a parental responsibility agreement
  • A step-parent's PR agreement can be made by consent with all those already having PR for the child
  • By obtaining an adoption order from the court

Where a father has not automatically gained PR, the mother does not have to add the father's name to the birth certificate. However, this will not stop the father from being able to apply to the court for an order, such as a parental responsibility order, which may result in him acquiring PR.

Other family members

Other family members, taking grandparents as an example, do not automatically have PR. They would only be granted PR by a court if, for example, they were appointed as Guardian or were to adopt their grandchild for any reason. If a father with PR asks his parents to take care of the child, they can do so usually without the mother's agreement. However, the child would not be able to remain resident with the grandparents unless they had been granted a residency order by the court.

Voluntary access arrangements

If more than one of you has PR, then the best thing you can do for both your children and yourselves is to voluntarily agree to contact and access etc. If you can do this, then you are more likely to maintain a more harmonious relationship for the sake of your children. Additionally, it will prevent you from having to go to court and from having to pay court and solicitor's fees if you are unable to get legal aid.

Of course, this is the ideal scenario and not always a realistic one. If you cannot agree on residence and contact etc. then you may find that your ex will end up applying to the court for an order.

My Child has Been Taken Away From Me: What Can I Do?

Unfortunately in some circumstances, a father may take your child during agreed contact time and then refuse to bring them home again. If this happens and you are unable to negotiate with the father then you should call the police. However, the police may not be able to do anything. This generally comes down to whether or not the father has PR. If they do not, then the child is the mother's sole responsibility and the police may be able to take the child back to the mother. If the father does have PR, then in usual circumstances, they have the same rights as the mother to look after the child and therefore, so long as the child is not in any harm, the police cannot usually do anything about it. This can be understandably distressing for a mother. What can be done about it?

Residence Orders

A person can make an application for a residence order, whether or not they have PR. For example, a father without PR can make an application for and be granted residency but then he will automatically acquire PR at the same time. It is unusual for a father to be granted residency as well as a mother as this would result in shared residency, which is not always in the best interests of the child. As a result, it is usually the mother who would be granted sole residency.

If a child has been taken by their father and the police cannot do anything, the mother can make an application for a residency order. If the child was snatched or she believes that her child may be in danger, then she can apply for an emergency ex parte application. This is also known as a 'without notice application' i.e. the other party is not given notice of the application. If the mother cannot make an ex parte application then an application can still be made but the father can attend and make his case. At the end of the hearing, the judge will make an order.

There are lots of other orders which the court can make, including contact orders, prohibited steps orders and specific issue orders.

What Factors Will be Taken Into Account?

When reviewing applications, the court will take a number of factors into consideration with regards to the child or children's welfare. These are:

  1. What is best for the child and the feelings and wishes of the child. This is considered according to the child's age and understanding
  2. How capable the parents (and any other relevant people) are of meeting the needs of the child or children
  3. Any harm that the child is at risk of suffering or has suffered
  4. The likely effect of a change of circumstances on the child
  5. The age, background, personality, sex and any other characteristics that the Court believes to be relevant
  6. The child's emotional, physical and educational needs

Domestic abuse

If you have been subjected to domestic abuse, this would clearly be a very important factor for the court to consider when determining what will be in the best interests of the child. If the father makes an application to the court then you can oppose it by giving evidence as to why he should not be given the order. You can oppose any application in much the same way.

Reality Check

When you find yourself fighting to look after your own child your emotions can begin to take over. It is important when you begin to plan your child's parenting and the access of the father that you understand the law and how it might impact on your child's future.

Remember that if your child's father is on the birth certificate, or you were married and are now divorced, the father has the same access to the child as you do in the eyes of the law. If they take your child or even threaten to do so, the police can often be powerless to change the situation. The best advice is to seek mediation and organise access in a written agreement, give yourself something concrete to work from. If your ex is unreasonable then apply for a residency order to ensure that you keep custody of your child.

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[Add a Comment]
My daughter's contact agreement with her father comes to an end when she reaches 16 this year. She has contact 5 days at Easter and 10 in summer. No other contact. What are the requirements for contact when she reaches16? Thank you
Nad - 18-Jan-17 @ 1:43 PM
I need some advice I have said my ex can see the baby at my home with my father there with us as he xannot be trusted alone due to threats and unwanted sexual advances he gets near enough everyday my only ask is it is before 5pm as i have another child from a previous relationship who is 10 and i have routine for him. My ex has refused to do this and hasnt been to see his child for a month now but keeps sending me emails saying he doesnt see her when i have made it clear he can come round. What do i do? I have reported him to the police as he has harrased me and also i found some things that were crime related to do with him im currently awaiting to hear what happens next. He has no patience for the child she is 12 weeks old and gets frustrated when she cries he is also displaying behaviour of someone who is using drugs he has had previous encounters of using ive asked him for a drugs test he refused. He isnt on the birth certificate what do i do.
Jw17 - 18-Jan-17 @ 12:56 AM
My life was destroyed when my husband sent me packing, after 13 years we have been together. I was lost and helpless after trying so many ways to my husband back to me. One day at work, I was distracted, not knowing that my boss called me, so he sat and asked me what it was all about, I told him and he smiled and said it was no problem. I never understood what he meant by it was no problem getting back my husband, he said he used a spell to get back his wife when she left him for another man, and now they are together till date and initially I was shocked hearing something from my boss. He gave me an email address of the Prophet Abuvia which helped him get his wife back, I never believed that this would work, but I had no choice coming into contact with the sayings that I get done, and he asked for my information and that my husband was able to propose to throw him the spell and I sent him the details, but after two days, my mother called me that my husband was pleading that he wants me back, I never believed, because it was just a dream and I had to rush off to my mother's place and to my greatest surprise, was kneeling my husband beg mefor forgiveness that he wants me and the child back home, when I gave prophet Abuvia a conversation regarding sudden change of my husband and he made clear to me that my husband will love me until the end of the world, that he will never leave for another woman. Now me and my husband is back together and started doing funny things he has not done before, he makes me happy and do what it is supposed to do as a man without nagging. Please if you need help of any kind need, please contact Prophet Abuvia for help. His email is prophet.abuvia AT g m a i l . com his website is prophetAbuviasolutiontemple . webs . com
sarah - 13-Jan-17 @ 10:24 PM
Dimitriwt - Your Question:
Me and my ex have twin boys together. I cheated on her so I made a terrible mistake. She said she's doesn't want our boys having anything to do with me and does not let me know how they're doing. My name is on the birth certificate so do I have rights to see my children?

Our Response:
I am sorry to hear contact between your children has been stopped. Your first step should be to send a solicitor's or registered letter to your ex-partner in which you ask her to reinstate contact between you and your children, stating that if she does not do so, then she should attend mediation in order to try to resolve the matter between you, or you’ll have to resort to legal action. Don't forget to take a copy of the letter for your records and keep your proof of sending. If this produces no action, you have no alternative but to go to court and ask for an interim contact order. In order to obtain a contact order you will need to submit the correct form to the court, please see link here . I hope this helps.
ChildSupportLaws - 13-Jan-17 @ 10:15 AM
Me and my ex have twin boys together. I cheated on her so I made a terrible mistake. She said she's doesn't want our boys having anything to do with me and does not let me know how they're doing. My name is on the birth certificate so do I have rights to see my children?
Dimitriwt - 12-Jan-17 @ 7:10 AM
Hi . My husbands ex wife had stopped our contact . He has 2 sons with her, one of which has downs syndrome so has additional needs . We have had an arrangement through mediation which has worked fine for the last year . We have them every other weekend from Friday eve until Monday morningand every weds from school time until we drop off Thurs at school . We also share the school holidays . I also have 2 sons by my ex husband.After the festive period she has decided that we have changed the weekends and she has stopped all contact . We had them last weekend at the end of our Xmas contact period , so going forward we should be having them next weekend.She disagrees and states that it should be the same weekends as last year in effect us having them 2 weekends in a row . We have disagreed on this even offered a compromise but she refused . Today she removed one child from school early and then changed the younger child's school transport to her address instead of ours . We need to know where we stand legally on this . If we remove the children from school I to our care can she claim them back from us ? If we decided to change their schools so she was unable to snatch them back are we in our rights to do this ? Obviously he has the PR for the boys as I'm just their step mum but do I have any rights legally ? We don't want it to come to this but we already have concerns for their wellbeing . The elder child hasdeveloped a nervous tick and is constantly grilled about what we do with him and the child with additional needs is constantly dirty and unkempt etc . She fails to attend his important appointments about his eyes ans teeth and neglects his specific medical needs also . Obviously we feel they would be better with us but we don't want to take it that far if we can reach a resolution amicable but she's now refused our normal contact so what can we do ? Doing this will have devastated the elder child , confused the younger one and has upset both of my children also . We also have concerns regarding someone who is around the children whilst they are with her regularly.Are we able to raise this concern in support of our case ?
Hunty84 - 11-Jan-17 @ 7:19 PM
I have a six month old baby, the father was not around when he was first born. He eventually made an appearance and I let him see his son at my address as I didn't feel comfortable letting him take him anywhere. He physically attacked me on two occasions in November/December right infront of my son. He has been charged with Assault and a court case pending. He is now demanding contact but I have discussed with the social that I only want supervised contact, I would not be comfortable with unsupervised as he is generally emotional and physically abusive, even infront of his other children. I would only panic if he is left alone with my child. I am convinced he would do something to him, or someone else around him. I would also be concerned with him bringing him back. I don't mind so much when he is much older and he can tell me something is wrong. He has contacted me on bail conditions saying the social worker said he would be allowed unsupervised contact, but I don't think the social would even be in a position to make that decision. This is really worrying me, I haven't allowed him any contact yet as a contact centre is the only option for me, but do not want to be taken to court. He is not on the Birth certificate and we have never been married. What are my rights and options?
DB - 11-Jan-17 @ 7:14 PM
Whop - Your Question:
I'm a separated dad of two boys. We came to an agreement that I would have the kids every weekend unless stated for example had a party to go to or was away for the weekend I wouldn't have the kids this was all fine as we lived 45 miles apart and I always pick the kids up on a Friday and drop them off on a Sunday without fail no the mother has moved further away so the journey is no just over 100 miles away I've agreed the same terms but want her to meet me halfway she has now stated it is too much for me to have them every weekend and only wants me to have on every fortnight weekend I love my kids and this would break me were do I stand thank you

Our Response:
You would have to either suggest mediation or take the matter to court (if your ex refuses to attend and you can't resolve the matter between you). If you have parental responsibility, your ex should have consulted you if she wished to move further away as it would affect your access rights. Therefore, you might want to get a solicitor to draft a letter outlining your PR rights and stating you will take the matter to court if she doesn't re-instate weekly access. The fact you have had your kids consistently will help you in court. Therefore, it is better to address the matter sooner rather than later. A court order can also request your ex meets you halfway and if this is the case, she would have to adhere to it.
ChildSupportLaws - 11-Jan-17 @ 2:43 PM
Clare walker - Your Question:
Hi my little girl is 9year old hur dad has not been in hur life for 8year he been in the jail two time for hurt old pepol he is a very bad person he is a denger to my wee girl he is on the birth certificate can and dose he still have rights what can I do to keep him a way

Our Response:
If your ex has not been in your child's life, then you are within your rights to refuse him access to your child, it would then be up to him to approach the courts if he wanted contact to your child. It is highly unlikely your ex would be granted unsupervised contact through the courts. However, prior to that he would have to be asessed and the court will always opt for what is in the best interests of your child and if it thought your child was at risk it would not allow contact.
ChildSupportLaws - 11-Jan-17 @ 12:15 PM
Hello, my ex and I broke up nearly 8 months ago, he has seen our daughter (17 months) twice a week for two hours per time, supervised by myself as he has proven irresponsible to have her on his own. On many occasions in our relationship, he has emotionally abused me and by doing so causing a lot of anxiety and depression on my side, which in turn affected our daughter who then, and still does not like to be away from me. Since our split he has put her in constant danger, dropping her Down a 12ft inflatable slide on her own, giving her hot food, leaving her on climbing frames before she can walk etc...I have a lot of evidence and messages where he has admitted to this. I feel it is in my daughters best interest to suspend contact until he has had some kind of parenting classes as he doesn't know anything about looking after her or himself for that matter. Am I within my rights to suspend his contact if I have evidence to prove his neglectful behaviour?
Shannon - 11-Jan-17 @ 12:09 PM
Hi me and my ex (still married) but split for 5 yrs have an 8yr old...we live down south...he does not pay child support or have a regular routine for seeing her, and I wondered how I would stand on moving her with me up north to be with family as I need support as I have bad health and mobility...neither of us are originally from down here so I have no family to help and he doesn't help out. I would be willing to meet him half way for visits...just didn't know if he could stop me.
Michelle - 11-Jan-17 @ 11:23 AM
Hi I have stopped my girls add from seeing our children due to him drinking and even drink driving while he had them. I was not married to him and he hasn't sen them now for 7 months. Is there anything else I can do to stop him from seeing them. They also do not want to see him
Dv - 11-Jan-17 @ 11:10 AM
I'm a separated dad of two boys. We came to an agreement that I would have the kids every weekend unless stated for example had a party to go to or was away for the weekend I wouldn't have the kids this was all fine as we lived 45 miles apart and I always pick the kids up on a Friday and drop them off on a Sunday without fail no the mother has moved further away so the journey is no just over 100 miles away I've agreed the same terms but want her to meet me halfway she has now stated it is too much for me to have them every weekend and only wants me to have on every fortnight weekend I love my kids and this would break me were do I stand thank you
Whop - 11-Jan-17 @ 8:40 AM
Hi my little girl is 9year old hur dad has not been in hur life for 8year he been in the jail two time for hurt old pepol he is a very bad person he is a denger to my wee girl he is on the birth certificate can and dose he still have rights what can i do to keep him a way
Clare walker - 11-Jan-17 @ 4:53 AM
I've been living with my partner for 7 years we now rent of her mother..we have a 1 and 2 year old..we had silly argument but she has now taken my kids to her mum's and won't let me see or speak to them or even answer my calls or texts. She was made even angrier because she called police and they removed her from house telling her to go to her mum's as I have a past she thought they'd remove me...big applause for police not jumping on women's side. . Her mother said would get social services involved and stop me seeing kids..don't know what for!but now sat at home alone haven't heard a word for 2 days...what can I do where not married...help
Daz - 10-Jan-17 @ 7:16 PM
Parent chat- Your Question:
Hi my partner and I separated 3 years ago and he works shifts. They are quite difficult to work out and I have been given a list of his shifts in previous years and just to be awkward this year he has refused to let me know them. Therefore I cannot plan my life as I never know months in advance whether he will be caring for them. It has turned very sour aand hisnfamiky have been sending abusive messages. And I have been bowing down and giving kids every single time he has days off. I am not being unreasonable I just need to know what days my kids will be with their dad for the year like every other parent gets set days. So I don't ever need contact again unless an emergency. I told him they were out yesterday when he turned up and he could get them today , he never turned up. Again. I am powerless and don't know what to do , I have asked that he does not come to get them until I know what days he is turning up. Where do I go from here ?

Our Response:
Mediation is your first option if your ex will not agree to put together a timetable. If you suggest mediation to your ex and he refuses to attend, you will then have the option of taking the matter to court. The court will always decide what is in the best interests of your kids and structure and consistency is one of them. Unless your ex has a good reason why he cannot provide you with a structured arrangment, then you shouldn't have a problem getting a court order regarding this matter.
ChildSupportLaws - 9-Jan-17 @ 12:36 PM
Hi my partner and I separated 3 years ago and he works shifts .. They are quite difficult to work out and I have been given a list of his shifts in previous years and just to be awkward this year he has refused to let me know them.Therefore I cannot plan my life as I never know months in advance whether he will be caring for them.It has turned very sour aand hisnfamiky have been sending abusive messages .. And I have been bowing down and giving kids every single time he has days off. I am not being unreasonable I just need to know what days my kids will be with their dad for the year like every other parent gets set days. So I don't ever need contact again unless an emergency .. I told him they were out yesterday when he turned up and he could get them today , he never turned up .. Again ... I am powerless and don't know what to do , I have asked that he does not come to get them until I know what days he is turning up ... Where do I go from here ?
Parent chat - 8-Jan-17 @ 8:50 PM
confuseddotco - Your Question:
Hi there, my wife ran away from home to the in law house with my 1year old daughter. (We not divorce). The birth certificate has both our name on. My wife put limitation on when I can see the baby (few hours at in laws house!) and all I wanted is to spend at least full day with my daughter in my own time. She threat me to call the police if I even step outside the house with my baby. The question is will I get into trouble if I take the baby to my home?

Our Response:
If you are based in the UK (we only have knowledge of UK family law) and you have parental responsibility by having your name on the birth certificate, then the police cannot intervene if you decide to take your child out of your in-laws house. However, this is never a good idea and as a short term solution, it has long term consequences that can backfire on you. Therefore, if you wish to have access to your child, the best route is to suggest mediation to your ex, and if she refuses apply through the courts for regular unsupervised access. The courts do want fathers to see their children and unless there are good reasons why you shouldn't see your daughter, the court will do everything in its power to make sure you have a reasonable relationship with your child. However, taking a child without consent can have serious repercussions, even if you are theoretically allowed to. If you are not based in the UK, your country's family law will differ, so you may wish to seek legal advice.
ChildSupportLaws - 5-Jan-17 @ 11:09 AM
Hi there, my wife ran away from home to the in law house with my 1year old daughter.(We not divorce).The birth certificate has both our name on.My wife put limitation on when I can see the baby (few hours at in laws house!)and all I wanted is to spend at least full day with my daughter in my own time.She threat me to call the police if I even step outside the house with my baby.The question is will I get into trouble if I take the baby to my home?
confuseddotco - 4-Jan-17 @ 12:03 PM
Hi, I have been main carer for my 5 year old daughter since she was born and have always remained very reasonable and civil with her father throughout her life and always put my daughter's best interests before my own, her father has gone six months multiple times without seeing or even phoning to see how she is (from his own will) and I tried my best to make it as easy as possible for him to see her as I knew my daughter needed her father and I seen how heartbroken she was when he would not see her for months on end. But the last time he decided to come back into her life and start seeing her every other weekend (this august) I welcomed the idea but thought him asking to have her overnight was too soon and asked if he could start with seeing her a few hours at first and that if he continues to see her I will allow him to start having her overnight. Everything went ok and it seemed that maybe this time he was going to keep the routine up, he was having her every other weekend for two nights (with his wife and his stepchildren) and then suddenly last week he asked if he could have her Christmas night. For the first time ever I said no as Christmas has always been mine and my family's day to spend with my daughter and boxing day was always for her to spend with him and his family (sometimes just his family if he had decided not to see her) I felt this was reasonable of me. He then said I had ruined his Christmas which I ignored. Anyway he had her boxing day and was supposed to bring her back after 2 days but on the morning my daughter was due back I messaged asking what time she'd be back and he said that she didn't want to come home yet and that as soon as she wanted to she could come home. Ibegan to get a little worried as the hours went by and again I asked what time she'd be back, he ignored my message so again I messaged a firm 'i want her back today please' to which he replied 'i want doesn't get, I wanted her Christmas and you didn't allow me that' my heart sank but I hoped maybe he was just getting me back for Christmas and would bring her back after having her an extra night.. it's now been 5 night's I haven't seen my daughter and only spoken briefly on the phone (when they allow me to) and during that call she said she is staying forever and moving into her step brothers class. I'v had no sleep and cried everyday and there is nothing I can do. My daughter is my world and I miss her so much. The worst is her father and wife are not reasonable or civil and have restricted me ringing my daughter to see if she is ok, his wife has messaged me rubbing salt into the wound that my daughter 'is old enough to know who she wants to live with and who she doesnt' I can't ring the police as we are both on the birth certificate, she is going to miss school as she is supposed to go back next week. I am praying somehow he will bring her back but I highly doubt it and I don't know anything about where to turn. They live a fair few mile
Sarah - 31-Dec-16 @ 1:20 AM
my friends baby mom threatened him , telling him is he does not stop talking to me that she will put a restraining order so he wont be able to see his son .... what can he do to not lose custody of his son over her threat. ive been friends with him way before he was with her.
steff - 28-Dec-16 @ 8:44 PM
Hi the mother of my children accused me of hitting her during an argument which was false although there was grabbing and pushing from both parties. I was arrested but she refused charge. She was granted a non molestation order and prohibited steps order which she asked to be overturned once she calmed down the judge told her you will not get another...that was like 18 months to 2 years ago since i have moved far away pay child support and see my kids every weekend and holidays. At every turn she makes my life difficult sends me abusive texts saying how useless i am and that the boyfriend she has just got with is a better dad than me...blah blah blah she has attempted to stop contact we both have pr. And i just feel to refuse to bring the kids back she deliberately refused to let me have them on boxing day which i normally do. Im struggling not to be petty like her and i cant afford a solicitor and legal fees. I know im within my rights to take my children i just want her to be reasonable and stop with the texts.
Mf - 28-Dec-16 @ 9:52 AM
Just wondering if anyone can advise me on my problem? After 14 years of doing the best for my son by allowing unlimited contact with my ex and his family where I have been undermined and totally disrespected by them to the point it as messed my son's head up! I have now requested they stop contacting me or visiting my home due to it causing too much stress to me and making a bad atmosire for my 16 year old who is totally disrespectful towards me. And I have informed them they need to make other arrangement to meet my son elsewhere by phoning him. Is there anything they can do to me legally about this?
Unhappymum - 27-Dec-16 @ 2:31 PM
my exs name is on my daughters birth certificate, I have had the police called to remove my ex from my property as he wouldn't leave as he had been using drugs in my house. As a mother I didn't feel my house was a safe environment, now he threatens to take my daughter, I have said she can go to his parents but supervised as he can't be trusted regarding his drug use.. what rights do I have regarding this
Great britain - 27-Dec-16 @ 8:53 AM
Hi my ex husband is causing a lot of stress every time my kid go to him he questions them about are they being fed and what is mum doing we have been separated a year he has a new partner and they live i a two bed flat and he wants the kid to go stay there at weekend he was staying in a caravan and my youngest son is petrified now of doors closing and so upset the new girlfriend has a son ao there js no spare room. My kids are exhausted with all the coming and going every weekend and every secon Sunday what's the minimum time they have to spend with him and if they tell me they don't want to go what do I do I really don't know what to do . I was trying to get along with his new partner but he has put a stop to it cause we get on so well and he doesn't like it. He keeps threatening me with the police and that he will take my children away we don't have a minuet of aggrement cause it's all done with agreeing on what's best he called the police when I took the children out of school one day as we were on holiday he really disrupts our life's. What can I do my kids are affected and he's really just threatening me all the time
Stressed - 24-Dec-16 @ 7:41 AM
Hi me and my daughters father seperated aug he rubbed her wee in her face so i chucked him out i have proof by text he done this. I agreed 2 hr swimming once a week. He hasnt seen her in 4 weeks now shes only 3 and confused for her own sake id like to stop contact with her dad . How do i do this . His name and mine are on borth certificate. She has double barral name but we have never married. Please help.
Louise - 23-Dec-16 @ 11:40 PM
Sarah- Your Question:
My son went to his dads for the wknd and was never returned, he has blocked me on phone and will not let me see or speak to my son and has also changed his school. What can I do here !

Our Response:
I am sorry to hear this. The thought of your ex partner taking your children is the worst nightmare of many parents, and so if it happens, understandably it is a very emotional and stressful time. Many people turn to the police for help to return their children, but how much the police can help is very dependent upon your personal situation. If both parents have Parental Responsibility and one parent is keeping the children against the other's wishes, the police cannot help, even if the children do not normally live with them. However, if the parent does not have PR, the police will be able to intervene. If both parents have PR, the police cannot choose between parents, that is the remit of the courts. Therefore, you would need to seek legal advice asap regarding applying for a child arrangement order through the courts. I hope your situation manages to rectify itself.
ChildSupportLaws - 23-Dec-16 @ 11:16 AM
My son went to his dads for the wknd and was never returned, he has blocked me on phone and will not let me see or speak to my son and has also changed his school. What can I do here !
Sarah - 22-Dec-16 @ 6:15 PM
Ellie - Your Question:
Hi. My name is Elina. I married to a Pakistani guy. I'm European. We separated because of domestic violence and he tried to rape me. After this he usually come to see his son which us 2 years old. I never stop him. He always ask me to give him child. I never. He used my Skype I'd and text himself from my boyfriend side that if he will not give divorce to me he will harm him and his child. He take child from me and told me to go to court because he think my boyfriend will do something with the child which is completely wrong. What should I do. Sorry for poor English

Our Response:
I'm sorry to hear this. I'm afraid European family law may be different from UK family law and as we are a UK-based site, we only have knowlwdge of UK-based family law. I can only urge you to seek legal advice asap in order to try and have this resolved as quickly as possible. You may also wish to ring the police to see if they can intervene.
ChildSupportLaws - 22-Dec-16 @ 1:41 PM
Hi. My name is Elina. I married to a Pakistani guy. I'm European.We separated because of domestic violence and he tried to rape me. After this he usually come to see his son which us 2 years old. I never stop him. He always ask me to give him child. I never. He used my Skype I'd and text himself from my boyfriend side that if he will not give divorce to me he will harm him and his child. He take child from me and told me to go to court because he think my boyfriend will do something with the child which is completely wrong. What should I do. Sorry for poor English
Ellie - 22-Dec-16 @ 4:25 AM
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