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Legal matters

parental responsibility

10 replies

tiredgranny · 13/05/2012 12:51

just some advice needed please. My son has p/r for his kids is he entitled to no what nursery they attend and to no how doing. He has separated from ex partner he has only had contact once since xmas at contact centre. his ex partner takes great delight in being able to control the kids as to when he sees them. Also can she take them out of country without his permission. He is not entitled to legal aid.

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STIDW · 13/05/2012 13:20

Are there any court orders for contact or residence?

It would be reasonable for him to know where the children are going to nursery and how they are doing, but nurseries aren't under the same obligation to report to parents as schools.

Strictly speaking unless the mother has a residence order in her favour she needs consent for your son to take the children abroad on holiday. However, he can't unreasonably withhold consent for the usual family holiday of a couple of weeks or so once or twice a week. Generally it is good for children to enjoy holidays with a parent so why would he want to stop that?

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tiredgranny · 13/05/2012 13:37

There is no court order for contact or residence she has refused to tell him abiut nursery told him none of his business what she does with kids . she likes to control contact because she can wants him to c kids contact centre because she can she does not understand its about the kids right to c there dad not about her she laughs about it and does not realise the long term effect on kids would he b notified if she went for residence order

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Olympia2012 · 13/05/2012 13:39

He needs to take this to court IMO.

'families need farhers' can help and advise on self representation so he keeps costs to a minimum

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Olympia2012 · 13/05/2012 13:40

*fathers

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tiredgranny · 13/05/2012 13:50

He cannot afford at the mo he has lot of debt to pay off joint names which he will fin paying back end of may. she id just making it difficult to c them although a lot of it is ex partners mum she would like to change surname to theirs . I will go on website olympia sugg thanks

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Olympia2012 · 13/05/2012 13:52

Look up 'self representation' he won't need a solicitor but can have a 'Mckenzie friend'

He will only need to pay the price of his C 1 application.
Hope he can scrape some money together soon

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tiredgranny · 13/05/2012 14:16

So do i hope has money soon
Just pisses me of that she can control kids like she is he pays her maint like he should do more than csa say but she still not happy .

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STIDW · 13/05/2012 16:07

The applicant for a court order is required to arrange a Mediation Information and Assessment Meeting before a judge will hear a case, apart from in a few exceptional circumstances. There is a fee involved in that too, but if your son is on a low income he may be eligible for legal aid/exempt from court fees.

If he wants to represent himself there is a book called Family Courts Without a Lawyer by Lucy Reed he might find useful.

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tiredgranny · 13/05/2012 17:55

They had mediatiom arranged she turned up and refused to participate saying she wasnt interested rather go to court she wants to control everything

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tiredgranny · 13/05/2012 17:57

I must add their is ni dv or ea just grew apart both r just in early 20's no drug or alchohol abuse

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