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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

How do i get my boy back?

164 replies

Justmomma · 29/12/2018 21:30

Background: I had my son at 23 he is now 3 years and my hubby and I have recently seperated and definitely heading for divorce. When he was 2 we agreed that he would stay with his grandma for a year during the week because we both work long hours and childcare is expensive. He was to return and stay with us at age 3 when we get 30hours funding and can afford extra hours child care. We seperated a month to his birthday and ex has now moved to his mum and feels our son should stay there with them and i can see him twice a month over weekends. Help! What do i do? How do i get my son back?... also he is not the biological father and he is aware of this but he says it is his right. He is on the birth certificate because we were married when I had my son.

OP posts:
beansontoastfortea · 30/12/2018 21:03

I don't know if this is relevant but if the GP has been paid, has she been declaring that income? You may be able to use that information against her if she's kicking up a fuss... have you got proof of agreed payment to her either via message, email or online transactions? MN'ers May know more but I'm thinking she should of had some kind of childminding approval in place before accepting your money and caring for your child? I'm not 100% on this though

GinIsIn · 30/12/2018 21:05

All those saying “just go and get your child” - is that in the child’s best interests? For the child to be snatched from their home and their main carer? Hmm

LuggsaysNotaWomen · 30/12/2018 21:33

So yes she is wanting to rip the child away. She wants to put an end to the legal the because it no longer suits her. The lol have served her purpose.

That may be true if she had initiated the split whilst also attempting to change the legal status, but she didn't. As far as the OP was concerned, she had a temporary agreement with the Grandma to offer childcare for a year and then the child would return to live fulltime with her and her husband.

They are trying to establish themselves as the permanent primary carers of the child and muscle the mother out. Had they approached the OP with a offer of 50:50 residency (which is almost what the Grandma had anyway as the child was with her 4 nights and his parents 3) or something reasonable and she then refused them contact, I would agree that the OP was out of order and had used them, but that hasn't happened. They have unilaterally decided to how much contact a non-related child should have with their biological mother. It seems to me, they have forced the OP's hand regarding the legalities.

They are not reasonable people and are not working in the best interests of the child either. Attempting to sever a maternal bond, regardless of how fearful of losing contact with a child you are bonded with is not ok. And I agree that a relationship with them, absolutely should be maintained but that does not mean the child needs to live with them. One year of living part time with "Grandma" does not mean the child is de facto more bonded with her.

Booboostwo · 30/12/2018 21:50

Go talk to your ex. Try to come to a reasonable 50:50 agreement. Or prepare for a long and messy legal battle. Given the choices you have made so far I think you owe your DS an amicable solution to all this.

Adviceandguidanceneeded · 30/12/2018 21:55

You were 23 that's not "so young" ! You don't like your MIL but are quite happy for him to live there? Yes childcare is expensive but that set up is weird.

At this moment in time your ex has PR so both of you have parental responsibility , yes you could take him and not return him but so could he. You need to make an application to the private family court asap and stop screwing with your child's mind .

Charley50 · 30/12/2018 23:12

@LuggsaysNotaWomen - totally agree with what you've said.

Mummylife2018 · 31/12/2018 01:38

Go to court tomorrow and ask for the forms for an Emergency Court Hearing. The hearing will cost between £50-100 but he will be home with you within 24 hours

Mummylife2018 · 31/12/2018 01:41

@Charley50 The Police cannot do a damn thing as his name is on the birth certificate. He has Parental Responsibility. It is not kidnap

Mummylife2018 · 31/12/2018 01:42

@howrudeforme Technically she can't if he refuses. As he is on the certificate, he has parental responsibility!!! Even the police cannot do anything, only court

Notacluethisxmas · 31/12/2018 06:55

LuggsaysNotaWomen right now the ops husband has as much right to make decision about the child as the op does. Because he is legally the child's father. Mothers all over unilaterally make this decision all the time.

The fact is that one legal parent and one primary carer live in that house.

How is 50:50 even going to work? If the op and the husband genuinely work that many hours the child has to live elsewhere, how is nursery going to help?

The op claims her and her husband work so much, they will have to take it turns at weekends.

This is a load of bollocks. No way did that child need to live elsewhere for a year, if 30 hours of nursery is just going to fix the problem. They work 12 hours a day. Including travel time how is nursery going to work?

And the child's actual dad has been in the country for the past year too. The child has been through a lot with no permenant primary carer in its life.

They aren't forcing her hand. She could decide to do what other parents do. Which is sort this out in court.

This isn't even about the op and the dh. It's about the child. You don't give a child a father and the remove the father at the first sign of things not being your way. When you share a child with someone, both are responsible for making decisions.

Ullupullu · 31/12/2018 07:13

OP wtf The Bio was always in contact from Germany.. he moved back to England a year ago and has seen DS multiple times since. We have spent multiple weekends away together and DS calls him “Dad” and DH is “Daddy” What?!?!

Please stop and put your child first: objectively he is happy and contented at Grandma's - don't race in and remove him and don't burn bridges/cut off contact, you need to keep things amicable with her. She has been bringing up your child! She is his stability!

LuggsaysNotaWomen · 03/01/2019 14:02

Mothers all over unilaterally make this decision all the time.

Oh well that's ok then, I'm sure a "What's sauce for the goose..." approach will definitely have the child's best interests at heart. Hmm

Notacluethisxmas · 03/01/2019 14:55

LuggsaysNotaWomen eh?

If a mother can make this decision for the kids and is viewed as doing what's best for the child. Why would it be different if the legal father makes that decisions. Or even the child's primary carer makes that decision?

Why do you think a man making the decision means it's not best for the child?

LuggsaysNotaWomen · 05/01/2019 20:40

So you're saying it's ok for one parent to make a unilateral decision about how much the other parent has contact with their child as long as they think (and you agree) that it's best for the child?

Because I don't. In all circumstances, regardless of the sex of the parent, an agreement between the parties should be reached together and if there is no agreement, or there are mitigating circumstances such as abuse, then an impartial third party should be used to ensure that the child's best interest are at the fore.

It's not right when women do it and it's not right if a man does it either.

In this case the step-parent has illegally represented themselves as the biological parent and regardless of how "fair" it is, this should be rectified to be in line with the law. If the step-father, in this case, had wanted actual legal parental responsibility then they should have adopted the child, he chose different. You cannot gain legal rights through illegal means.

Furthermore, if he had wanted to remain a significant adult in the child's life, regardless of legal status, then alienating the mother from the get go and making her afraid of losing her child is probably not a great opening bid.

The OP has done nothing worse than accepting help with child care from people who were willing, able and in full possession of all the facts. She did not take a year out to pursue her love of crack cocaine, or "find herself" in India or any other self indulgent pursuit. She took a year to establish a sound financial future for her child by leaving him in a secure and established home, without all the toing and froing that shared daily care would have entailed and whether you or I, or anybody else would have made the same decision is by the by, it is hardly grounds to treat her as an evil neglectful mother who deserves to lose custody of her child.

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