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Experience of lawyers?

6 replies

Mama12000 · 29/12/2020 08:46

My ex who hasnt been in contact with my eldest son for years in now threatening court action. He text the other night asking to see him. Question is we moved away years ago and he never bothered to try and find out our address or anything he just moved on and had more kids and decided he wanted nothing to do with my son so I'm reluctant to tell him it. We live 100 miles away. I know a lawyer would be able to track us down so if he goes through with it so I know I will just receive a letter but will the lawyer tell him where we are living?. He isnt on the birth certificate. I'm worried she or he will tell him our address and he will suddenly turn up.

OP posts:
RedMarauder · 29/12/2020 08:53

He can't suddenly turn up.

How old is your son? If he is secondary age then he has some say in whether he should see his father.

If his father isn't on the birth certificate he will have to get parental responsibility first and then get permission to put in for a Child Arrangements Order. As you won't have gone to mediation the judge would expect you both to go as part of your directions.

Mama12000 · 29/12/2020 08:55

He is 7. That's good to know then.

OP posts:
TheVanguardSix · 29/12/2020 09:19

So your ex has NO legal rights regarding your DC if he is not on the birth certificate. He must apply for a parental responsibility order through the courts before he can even consider seeing his child and even then, it will be slowly, slowly, likely in a contact centre for several months because your DC does not know his father. And what's my verdict on the whole thing? Your ex won't even bother. You don't have to give your address to ANYONE! Don't.
Ignore all contact EXCEPT for a court summons (if it even goes that far). You can ignore every solicitor's letter. But you can't ignore the court. But trust me, I don't think it will even get that far.

Lawyers represent the law.
The court IS the law. If you want, in theory, you could make a bonfire out of every letter a lawyer writes to you. You don't have to do anything a lawyer says. But you MUST follow a court order- which is obtained once you and your ex have actually been through family court (my hunch is, this won't happen). A court order is legally binding. A letter from your ex's lawyer is not. And the process of getting that court order to see your DC is a long one (especially since he's not on the birth certificate) and an expensive one.

Just keep in my that your ex has no legal rights to your DC.
Don't do anything unless you get a letter from the family courts. In the meantime, try not to stress at all. With guys like this, it all tends to be hot air and a bit of 'I'm a father' chest-pounding and then they fade into the background again. Flowers

HollyGenneroMcClane · 29/12/2020 09:22

Someone has obviously been in his ear. Id ignore until i got a letter from the courts.

Does he pay maintenance?

Mama12000 · 29/12/2020 11:42

Thanks for taking the time to answer @TheVanguardSix. That's what I will do I will just ignore it until I have to respond to a court but my guess is it wont go that far either. I do have peace in the fact that right now he doesnt have legal rights so it wont be an easy process for him especially after being absent for this long. Why should it be easy. @HollyGenneroMcClane he does pay the minimum maintenance hes supposed to because he knows he has to. I would never let him away with that. He has tried a couple of times not to pay.

OP posts:
Shonri · 17/07/2021 16:27

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