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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Dad threatening to take son because moving house

35 replies

Mysonsschool · 20/10/2024 19:54

I am in temporary accommodation and I have got to move soon I’m coming 1-5 bidding on houses (some nice new builds too) because I have been in my temporary flat for 3 years (housing crisis) I have got to move soon. My sons dad wants him to stay at his same school (would obviously be ideal) but has been messaging me all day saying my son will live with him full time (he currently goes Friday and Saturday night and most weekends one night his mum has our son) as he has grandparents who can do the school run from his house if I move to a part of the city that would mean he had to move schools.
I have spoke to the council about him staying at the same school but they said due to him being reception they don’t take school into consideration and if if don’t bid they will just move me which could mean I end up in a high rise flat in a area in the city I don’t like.

Aibu to not want to lose having my son Sunday -Thursday every week and just do weekends because I have to move hosue or I am being selfish to my son and should I just let him live with his dad.

his dad can be very controlling and I just feel like he is always trying to control me but would understand to be told otherwise. Also would a court take my son if it went down that route due to me moving.

this is the same dad I was being projectile sick on Thursday after having a abortion due to a SA and I asked for his help to do the school run and he said he couldn’t get him to school as his mum wasn’t home (they live together)

OP posts:
SoNiceToComeHomeTo · 21/10/2024 18:07

He is on birth certificate and does have parental rights

Nobody has parental rights, they have parental responsibility. Your ex does not sound particularly responsible.

Mysonsschool · 21/10/2024 18:13

T4phage · 21/10/2024 16:28

He's a stupid man. Changing school is fine and children soon adapt. A family court aren't going to transfer residence for this reason. I'd still consult a solicitor if you're able to because these kinds of 'men' sometimes withhold children and refuse to return them if the resident parent doesn't do as they're told. It's all about control, punishment and mental abuse.

My dad contacted someone today for legal advice for me I believe thank you for your response x

OP posts:
Yorkshiregal1 · 21/10/2024 18:19

I moved my son schools this September and he has settled so well, and he is a shy child. He's in year 2, I think someone in reception class would settle just as quickly/quicker so do what's best for you and your son and ignore your ex x

biscuitandcake · 21/10/2024 18:26

As someone who has dealt with a difficult ex... He is just being a dick about this because he can be a dick about it
He wants to make you feel bad and making you feel like a bad parent is the easiest way of doing this because all good mums worry about whether they are good mums so it's your achilles heal
He can talk all he likes about how your son would be better with him but unless he takes it to court he can't do anything (and a court would be extremely unlikely to say you can only have your child on weekends because of a house move). So just grey rock and don't give him the reaction he wants.

MilletOver · 21/10/2024 18:43

SoNiceToComeHomeTo · 21/10/2024 18:07

He is on birth certificate and does have parental rights

Nobody has parental rights, they have parental responsibility. Your ex does not sound particularly responsible.

Nice sentiment.

But being in the BC and thus having Parental Responsibility gives the father the right to:
Veto school choice (potentially successfully )
Prevent the mother changing the child’s name, e.g adding her surname if the child has his but she does all the appointments, travel etc and even if hr has no contact at all
Prevent the mother taking the child abroad on holiday
Potentially prevent the mother from moving to a different area of the country.

All while taking no or minimal responsibility.

SoNiceToComeHomeTo · 21/10/2024 19:22

MilletOver · 21/10/2024 18:43

Nice sentiment.

But being in the BC and thus having Parental Responsibility gives the father the right to:
Veto school choice (potentially successfully )
Prevent the mother changing the child’s name, e.g adding her surname if the child has his but she does all the appointments, travel etc and even if hr has no contact at all
Prevent the mother taking the child abroad on holiday
Potentially prevent the mother from moving to a different area of the country.

All while taking no or minimal responsibility.

All true, but I don't think that if it went to court this particular dad would get the right to veto his son changing school because his mum, who has always been his main carer, needs to move house. Thank goodness.

MissyB1 · 21/10/2024 19:28

Just make sure you and ds are legally protected in the event that he refuses to bring your ds back after having him.

Livinghappy · 21/10/2024 19:35

A court would only be conceened about the dads ability to see your son on the same schedule. How far away is the move? if your ex can get there (or you can drop off) in a reasonable time then there should be no concerns.

Your ex can't stop you moving but he can ask a court to review a change of school, however if it doesn't affect contact and it's a similar school to current then no judge is going to change residency.

So the critical information is - can you Ex maintain contact when you are at the new address. If the answer is Yes then I doubt a solicitor would recommend your ex goes to court.

valueyourself · 21/10/2024 21:58

Livinghappy · 21/10/2024 19:35

A court would only be conceened about the dads ability to see your son on the same schedule. How far away is the move? if your ex can get there (or you can drop off) in a reasonable time then there should be no concerns.

Your ex can't stop you moving but he can ask a court to review a change of school, however if it doesn't affect contact and it's a similar school to current then no judge is going to change residency.

So the critical information is - can you Ex maintain contact when you are at the new address. If the answer is Yes then I doubt a solicitor would recommend your ex goes to court.

This is spot on advice !

From the legal perspective he can challenge a change of school . However as in common with most things in legality it comes down to what is 'reasonable' ..

In this case it will mean can he REASONABLY get the same contact he currently has (him NOT his mother - she does not have parental responsibility ) where you move to.. but also into the mix is what is a reasonable quality and stability to your child's life ..

Also bear in mind that it is for his father to challenge changes in court ..

Work out what is reasonable.. an hour in each direction shared by you both is reasonable.. for example..

YourSnugHazelTraybake · 21/10/2024 22:13

LBFseBrom · 21/10/2024 08:06

You are not at all unreasonable and moving school, if it did come to that, wouldn't bother a reception aged child too much.

I don't understand the bidding 1-5 for a house, are you in Scotland? I know the house buying system is different up there, everyone puts in bids or something like that. You say your current accommodation is temporary, it's all quite confusing. However you surely won't bid on a place too far away from where you and his dad currently live.

Wait until things are clearer, you may not get a new house that soon but, whatever, it is totally unrealistic to expect you to give up such a young child for so many days in a week. Your ex cannot insist upon that, no court would uphold it.

Ops in the uk, she's in emergency social housing and is bidding on houses to rent through social housing. Many councils use a bidding system whereas they advertise all houses that come available for rent on a weekly basis and everyone who is on the council housing lists has the chance to 'bid' in the house. The person who is the highest on the priority list that bids then gets offered the house. To be between 1-5 op must be very high on the priority list.

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