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Legal matters

Baptism

9 replies

Aliiiii · 20/02/2013 21:21

Hi everyone

Apologies if I'm posting this in the wrong place!

I am a single parent with a 7 year old son who has fortnightly contact with his dad, we were never married

I am a catholic and always wanted my child bought up the same, however when my ex and I were together he would never entertain the idea, telling me it was, in his opinion, a load if rubbish

We have quite a strained relationship

I have decided to have my son baptised, and then to take his first holy communion.we attend church regularly and he has been attending the appropriate classes at church

The baptism is due to take place on sat, and my ex has got wins of it and contacted the church concerned threatening all sorts, however he has not contacted me about it!

I feel I am acting in my sons best interests, he is fully aware if what is happening and the reasons behind it

My question is, where do I stand legally? I don't want my sons very special day ruined!!

Any advice gratefully received!

Ali

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prh47bridge · 21/02/2013 00:04

If your ex is named on the birth certificate he has parental responsibility. That means he is entitled to a say in, amongst other things, your son's religious upbringing.

He could apply to the courts for a Prohibited Steps Order to prevent the baptism taking place. It will then be up to the courts to decide whether or not your son's baptism can go ahead.

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IneedAsockamnesty · 21/02/2013 00:16

Out of interest is it likely he would succeed?

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Aliiiii · 21/02/2013 00:17

Hi

Thanks for your reply, if I go ahead with the baptism what happens then?

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RedHelenB · 21/02/2013 09:45

Not a lot!!! At the end of the day I can't see why a court would stop a 7 year old from being baptised if that is what he wishes & his mother wishes it as it is not damaging to him in any way. It may well be that he becomes an atheist like his dad when he is older.

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Aliiiii · 21/02/2013 10:03

Thanks for yr reply.thats what I thought. To be honest he hasn't actually spoken to me about it at all! He's been on to the poor priest threaten legal action!

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prh47bridge · 21/02/2013 17:04

Difficult to know what the courts would decide. I don't think it is as clear cut as RedHelenB suggests. If you ignore a PSO and go ahead with the baptism anyway you can be prosecuted and may face a custodial sentence.

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RedHelenB · 21/02/2013 17:25

I assumed she meant that a PSO wasn't yet in place. I really do not see a court imposing a custodial sentence as that will not be in the best interest of the child!

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millie30 · 22/02/2013 07:37

My ex tried to stop me from having DS baptised and the judge was very hostile to him, asking him what his own religion was that made him object to this. When my ex said he had no religious beliefs the judge had no time for his arguments and said he was entitled to apply for legal aid for a PSO but he was unlikely to get it, and in the meantime I could do what I liked and you can't then 'unbaptise' someone. However this was against a backdrop of my ex continually behaving unreasonably and aggravating the courts so this may have informed the judge's views. I also have a residency order so I'm not sure if that makes any difference.

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RedHelenB · 22/02/2013 07:46

+I suppose the compromise is to wait for the child to be older & to have his own firmly established view on the matter.

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