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solicitors help!!

7 replies

klovely · 28/11/2012 14:25

can my ex husband have any rights to see my son.we are seperated and although he has been in my sons life since he was more or less born (he is now 11) he is not my sons father.his father has always maintained contact and paid csa for my son.i feel he is being vindictive and just trying to cause as much trouble as he can as when we were living together he showed little interest in my son growing up and repeatedly told me he was my responsibility and not his.he believes he has rights to my son and keeps asking for him to spend the weekend at his house.he has threatened to see a solicitor about this.please advise .thankyou

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STIDW · 28/11/2012 15:00

Your ex-husband won't have Parental Responsibility unless he adopted your son or there was an agreement or court order giving him PR. That means he has no automatic right to apply for contact but he can apply to court for permission to apply. Permission is likely to be granted and then the court would have give regard to the Welfare Checklist, s1 Children Act 1989 and consider your son's views and the nature of the relationship between him and your ex.

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mumblechum1 · 28/11/2012 15:25

I was just going to post exactly what STIDW said.

Does your son want to see him?

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Collaborate · 28/11/2012 15:30

Under s10(5)(a) of the Children Act 1989 provided the child was a child of the family prior to the divorce he won't need leave to apply.

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STIDW · 28/11/2012 16:17

I stand corrected! -;)

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Collaborate · 28/11/2012 16:24

It's a rare occasion when you are and happens to us all.

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klovely · 28/11/2012 16:32

mumblechum1 ive not asked my son actually as he is enjoying his new school and friends so much and also his weekends are spent with either myself or his bio father.i live 30 miles from my ex and would find it difficult to get him there and back.the only sort of relationship they had was the love of football and would sometimes watch a match together or go to support the local team.he never had much to do with him otherwise i.e.school parents evenings.homework or emotional support.when we 1st separated he had a girlfriend he used to visit on a weekend but since they split a few weeks ago he has DEMANDED to see my son.he is so nasty towards me and verbally abuses me via txt messages.i cant have a civil conversation with this man whatsoever.he has 3 grandchildren that could occupy his time on a weekend yet he does nothing with them and never has.so why does he want to put my son through this?? im so miserable and desperate at the moment it is starting to effect my health.sorry

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klovely · 28/11/2012 16:55

i dont feel it is in my sons best interest to spend time with him his lifestyle is erratic to say the least.he drinks all the time and cannot control his temper.i think i have a right as a mother to not want my son to be part of this. also when he gets a new girlfriend and then brushes my son aside.he is just using my son to get to meand to find out where i live so he can harrass me.