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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think that Resident Parents should have more rights than Non Resident Parents.

112 replies

Theemeperorsnewclothes · 21/07/2024 01:39

I think we’ve gone too far into the patriarchy of the UK, political systems, family Courts, CMS. Non resident parents (over 90% male/fathers) have exactly the same rights as resident parents (over 90% female/mothers). A child centred approach is allowing the person who knows the child best to advocate for them. The resident parent should have more rights, with regards to making decisions/advocating for their child/children in the political/legal system in the UK. They, and their children should be protected in legislation.

OP posts:
JohnofWessex · 22/07/2024 08:10

The question I suggest is how a non resident parents rights can be enforced.

Clearly we dont want NRP's able to plat the fool over things like holidays abroad without good reason.

On the other hand my ex believed our son had a milk allergy and sent him off to a practitioner whose techniques were unsupported by scientific literature rather than the GP so I put my foot down, talked to the School and GP and made the quack aware that she was not to see my son again.

Discuss

Ourdearoldqueen · 22/07/2024 08:10

I hear you OP. My ex was outraged I divorced him and despite doing the absolute bare minimum of parenting, moving 3 hours away and never ever having anything to do with the life admin of his kids, he has derailed some extra curricular stuff for one of them as he doesn’t want my partner paying for his kids. He could pay himself - he’s minted, but if there’s a way to have a dig at me then he will.

I’ve had to do a specific issues order, and drag him to court just for a fecking school trip, for which he has no other objections.

Toomanysquishmallows · 22/07/2024 08:04

I agree with you op . I was in a situation where my ex had an affair when dd1 was 3 months old . He then saw her every few months, then dropped contact when she was 5 . She hasn’t seen or heard from him for 20 years. If he had reappeared when she was say 14, it would have been ridiculous for him to have had input into schooling etc .

itsgettingweird · 22/07/2024 08:02

zendeveloper · 21/07/2024 09:02

I agree that it would make sense that the resident parent has a tie breaker vote.
I am going through a nightmare now with the children's father trying to agree on the secondary school choice, and it is likely to end up in court - I just pray that some solution is found before the application date. He does not really see them (a few times a year), does not pay maintenance, lives on the opposite side of the country, but has a very strong opinion apparently on which school suits them.
The only valid choice apparently is either private or a superselective state 90 minutes away - for a very sensitive non-independent child with SEN who is below average academically in most areas. It is absolutely nuts that our opinion has the same weight in this matter.

Yes - another example of here resistant parent needs a system to support their day to count more. Forgot to mention schooling in my post.

If it's a case that parents live 10 miles apart and parent a wants a school 1 mile from their home and parent 2 wants one in the middle generally catchment and space available will sort that. But where a latent lives hours away and wants to dictate something that doesn't impact them but negatively impacts the parent and child involved there's need to be a mediation system set up to resolve in a timely manner.

itsgettingweird · 22/07/2024 07:59

I think both parents should have a say to protect the child.

However there does need to be a better system regards parents who don't agree with- whether they live together or not.

An example of this is where a parent refuses a child an assessment for send, medical tests recommended by a dr, braces etc.

Because in that example it could work against the child's best interests if one parent refusing means it can't happen.

Meadowfinch · 22/07/2024 07:53

@MulberryBushRoundabout Yes, agreed.

MulberryBushRoundabout · 22/07/2024 07:45

Meadowfinch · 22/07/2024 01:17

As a single mum with primary care of my ds, I decide everything on a daily basis and do not refer to ds' dad. DS lives with me and sees his dad for a few hours a week. Ex' contribution is mainly financial, he has ds about 20 nights a year. His choice.

My 'greater rights' over the absent father are that I get to raise my son with decent values, have the opportunity to instill ds with a decent work ethic, teach him the kindness, fairness and equality that I regard as important. Ds & I chose his school, ex was not involved.

Ex has never done a school run, a parent's evening, a gp or dentist run. When ds was in paed ICU, he couldn't be bothered to get the car out (he'd been drinking) and said he was 'sure I could cope'.

I have never worried about ex's legal rights as a parent because he is too lazy to make a fuss about anything. I take ds abroad whenever I wish and generally I regard ex's views as irrelevant. He is a lazy and selfish father.

However, I accept that there is value in ex being able to, IF IT PROVED NECESSARY, go to court and exercise his rights as a parent, simply because it gives ds a second parent to fall back on - for example if I developed an addiction or chose a dodgy boyfriend etc. Ex may be a crap fall-back option but he is better than nothing.

Edited

While I’m not fully on board with OP’s suggestion, I think you’re in a better position than she describes because your ex may be awful, but at least he just stays out of your way. The PR system as it stands means that if he ex suddenly decided he did have a view, and rang the Local Authority to say that he does not agree with the secondary school you and DS have chosen, or if god forbid your DS was hospitalised again and he turned up at the hospital demanding a different course of treatment then the LA or hospital would have to treat your views equally, and you would have to drag it through the courts to resolve.

110APiccadilly · 22/07/2024 06:32

In general, it's good to have two people having input into big decisions about children. One person might miss something obvious or get a bee in their bonnet or whatever. Obviously there will be situations where that's not the case because one person is being obstructive, difficult, delusional etc. And I suspect OP is right to think that's more likely to be the non resident parent, because they won't know the kids as well.

But I don't think the advantages to the majority of children of having two parents involved in decision making should be lost because of a minority of unreasonable parents. It would also put children where the resident parent is the unreasonable one at heightened risk as the other parent can't advocate for them as effectively.

Clma · 22/07/2024 04:13

Yanbu, the current system allows to many abusive fathers to much access and control. It's a disgrace! I speak as someone who experienced this as a child, and from everything I've read, the system hasn't improved, it's arguably gotten worse.

EliflurtleAndTheInfiniteMadness · 22/07/2024 03:43

Edingril · 22/07/2024 03:06

These women that you say have constant worry and anxiety how much effort did they take in ensuring their partner was totally on board and willing to me a normal functioning parent before they had a child with them?

How many threads on here and issues away from MN with women who have long term issues with partners before they have children but ignore all because 'I want a baby' and then want more children

Then after the fact complain?

Seriously sorry I didn't release my XH was abusive before I was pregnant with our third. Sorry my friend didn't work out her XH was abusive until she was divorced and in therapy for a year. You have no idea how abuse works if you can post victim blaming crap like this. Lucky you.

EliflurtleAndTheInfiniteMadness · 22/07/2024 03:11

Theemeperorsnewclothes · 22/07/2024 02:17

And the courts and CMS do not uphold this right. The child is not put at the centre. Parental rights trump child’s rights currently in the UK system, this is my whole argument. We need to put the child at the centre. Currently this is not happening. Legislation is only good if it is being administered properly. It is not. Therefore do we need a change in legislation to allow active parents more rights to advocate for their child, that they know, and have full responsibility and accountability for?

You say the legislation isn't being administered correctly then say there needs to be a change in legislation to fix this. How will a change in legislation effect administration by courts and judges? You need a systemic approach. Things like increased funding for legal aide and family courts so its easier for parents to access the courts, removal of barriers to access, simplified language guides to the relevant laws and systems. Maybe some small changes to the law if you have to currently apply seperately for each disputed issue. Some increase in judicial ability to extend the application or specific issue orders on a wider and ongoing basis.

Edingril · 22/07/2024 03:06

Theemeperorsnewclothes · 22/07/2024 02:34

I am not clouded by an adverse experience and I’ve actually successfully won a CMS tribunal. My concern is the hundreds of thousands of women who live with constant prejudice, worry and anxiety over just wanting to keep their children safe, and advocate for their rights, and know they can be settled in a reasonable routine. They are not out to persecute the non resident parent (over 90% fathers) they just want their child to be happy and settled. Many walk this fine line of the non resident parent using power and control for years, never actually going to court. Some get to court and are utterly terrified to say the wrong this because if you dare to advocate for your child, you’re accused of parental alienation. This is all too common and it’s about time children and resident parents are protected in legislation.

These women that you say have constant worry and anxiety how much effort did they take in ensuring their partner was totally on board and willing to me a normal functioning parent before they had a child with them?

How many threads on here and issues away from MN with women who have long term issues with partners before they have children but ignore all because 'I want a baby' and then want more children

Then after the fact complain?

EliflurtleAndTheInfiniteMadness · 22/07/2024 03:00

Theemeperorsnewclothes · 22/07/2024 00:37

The inability to advocate for the child you know best because you don’t have the ‘rights’ to properly advocate for them, in the current legal structure in the UK, in my opinion, is unjust for resident parents. Every piece of legislation around the child, is supposed to put the child at the centre. From experience, this is almost never the case. It is about protecting parental rights. In my humble opinion, parental rights should be assessed on who is actually ‘parenting’. I don’t mean to give non resident parents/fathers less rights if they just happen to have the child less (in the majority of cases) but still are very active and supportive, and child centred. Where there is proof that the non resident parent takes very little to do with the day to day care, the logistics, the emotional and financial responsibilities of bringing up that child. They should not have the same rights and say over that child. That is putting the child at the centre and ultimately keeping them safe.

Who is going to decide who deserves more 'rights'? There is already a system to resolve parental disputes in the best interests of the child through the courts. Of course they don't always get it right but that will still be true of whoever you think should decide who gets more rights too. Although removing PR is really hard to do parents can more easily apply for a specific issue order to cover things like schooling, medical care, moving abroad or a prohibited steps order to prevent the other parent from taking specific actions you believe are detrimental to the child/children.

honestyISkind · 22/07/2024 02:41

Of course you're right. But Pickme manpanderers and MRAs are thick on the ground here.

Spirallingdownwards · 22/07/2024 02:40

In your opinion. Fortunately the law prevents one parent from taking over and making it all about what they want.

Theemeperorsnewclothes · 22/07/2024 02:34

Spirallingdownwards · 22/07/2024 02:20

You are clearly clouded by an adverse experience in your own situation but they are indeed put at the centre. If you have had issues and been to court about this and a ruling has been made against you then the court has decided it is not in your child's interest. If you haven't been to court then do so.

I am not clouded by an adverse experience and I’ve actually successfully won a CMS tribunal. My concern is the hundreds of thousands of women who live with constant prejudice, worry and anxiety over just wanting to keep their children safe, and advocate for their rights, and know they can be settled in a reasonable routine. They are not out to persecute the non resident parent (over 90% fathers) they just want their child to be happy and settled. Many walk this fine line of the non resident parent using power and control for years, never actually going to court. Some get to court and are utterly terrified to say the wrong this because if you dare to advocate for your child, you’re accused of parental alienation. This is all too common and it’s about time children and resident parents are protected in legislation.

OP posts:
Spirallingdownwards · 22/07/2024 02:20

Theemeperorsnewclothes · 22/07/2024 02:17

And the courts and CMS do not uphold this right. The child is not put at the centre. Parental rights trump child’s rights currently in the UK system, this is my whole argument. We need to put the child at the centre. Currently this is not happening. Legislation is only good if it is being administered properly. It is not. Therefore do we need a change in legislation to allow active parents more rights to advocate for their child, that they know, and have full responsibility and accountability for?

You are clearly clouded by an adverse experience in your own situation but they are indeed put at the centre. If you have had issues and been to court about this and a ruling has been made against you then the court has decided it is not in your child's interest. If you haven't been to court then do so.

Theemeperorsnewclothes · 22/07/2024 02:17

Spirallingdownwards · 22/07/2024 02:12

S1 Children Act 1989
the child's welfare shall be the court's paramount consideration. (2)In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.

So the starting point is that both parents have equal say. If you believe your co parent should not go to court and make an application setting out why for the child's welfare they should not.

And the courts and CMS do not uphold this right. The child is not put at the centre. Parental rights trump child’s rights currently in the UK system, this is my whole argument. We need to put the child at the centre. Currently this is not happening. Legislation is only good if it is being administered properly. It is not. Therefore do we need a change in legislation to allow active parents more rights to advocate for their child, that they know, and have full responsibility and accountability for?

OP posts:
Spirallingdownwards · 22/07/2024 02:12

Theemeperorsnewclothes · 22/07/2024 02:10

You are correct, that is the starting point in law, and many other government systems, CMS for example. Despite what they say, the child is never put at the centre. That is my whole argument.

S1 Children Act 1989
the child's welfare shall be the court's paramount consideration. (2)In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.

So the starting point is that both parents have equal say. If you believe your co parent should not go to court and make an application setting out why for the child's welfare they should not.

Theemeperorsnewclothes · 22/07/2024 02:10

Spirallingdownwards · 22/07/2024 02:08

You stated in the current system in the UK children are not put at the centre. I quoted what the courts starting point is in law ie. the welfare of the child is paramount. This is the actual legal position and therefore I am not being ridiculous.

Edited

You are correct, that is the starting point in law, and many other government systems, CMS for example. Despite what they say, the child is never put at the centre. That is my whole argument.

OP posts:
Spirallingdownwards · 22/07/2024 02:08

Theemeperorsnewclothes · 22/07/2024 02:05

Don’t be ridiculous. It starts with the parents, and a patriarchal system that now will almost alway default to 50/50 care as a starting point despite many children spending 80/90% care with their RP before a split. After a split it often remains the same and an issue is only raised when the NRP has been told to pay child support. Nothing child centred about any of this.

You stated in the current system in the UK children are not put at the centre. I quoted what the courts starting point is in law ie. the welfare of the child is paramount. This is the actual legal position and therefore I am not being ridiculous.

Theemeperorsnewclothes · 22/07/2024 02:05

Spirallingdownwards · 22/07/2024 01:57

Yes they are. It starts with the welfare of the child being paramount.

Don’t be ridiculous. It starts with the parents, and a patriarchal system that now will almost alway default to 50/50 care as a starting point despite many children spending 80/90% care with their RP before a split. After a split it often remains the same and an issue is only raised when the NRP has been told to pay child support. Nothing child centred about any of this.

OP posts:
Theemeperorsnewclothes · 22/07/2024 01:59

TheOriginalEmu · 22/07/2024 01:50

That presumes that the RP knows the child ‘better’ which isn’t necessarily the case. They also don’t necessarily have the child’s best interest at heart. Both parents should be consulted, as much as practicable.

Well of course it presumes that the RP knows the child better. They do. We don’t need to conflate the issue. I completely agree, where both parents are active and present and putting the child at the centre, then both parents should be equally consulted. If one parent does not put the child at the centre, logistically (in agreed terms), financially or emotionally then there should be protections for the child and parent.

OP posts:
Spirallingdownwards · 22/07/2024 01:57

Theemeperorsnewclothes · 22/07/2024 00:49

@Eeeden I agree, but unfortunately things can change very quickly when a relationship breaks down. Children must be put at the centre. In the current system in the UK, they are not.

Yes they are. It starts with the welfare of the child being paramount.

Spirallingdownwards · 22/07/2024 01:54

zendeveloper · 21/07/2024 09:02

I agree that it would make sense that the resident parent has a tie breaker vote.
I am going through a nightmare now with the children's father trying to agree on the secondary school choice, and it is likely to end up in court - I just pray that some solution is found before the application date. He does not really see them (a few times a year), does not pay maintenance, lives on the opposite side of the country, but has a very strong opinion apparently on which school suits them.
The only valid choice apparently is either private or a superselective state 90 minutes away - for a very sensitive non-independent child with SEN who is below average academically in most areas. It is absolutely nuts that our opinion has the same weight in this matter.

except it won't have the same weight and the court will decide in your favour unless he is going to pay private school fees which you will be able to prove he won't because he doesn't even pay maintenance.