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Advice re rights please

5 replies

trevthesparky · 23/12/2012 20:26

Our grandson is almost 2 and his father is an unreasonable rounded door handle (see how I got round the rude word thing there:) )
He's being his usual idiot self re xmas day, he wants to pick him up at 3 on 24th and drop him off when he can be bothered on 25th. Our daughter is fine with him picking him up at 3 but wants him dropped off at 6 30 ish and picked up again 2ish on 25th and has said he can keep him overnight then. If she refuses to give him the baby tomorrow then when he does get him he will keep him for a few days just to get back at her, he really is the kind of hero that will use a baby as a stick to beat her with..
Now this guy last week up and left without much warning for a week in Spain with his new GF
So the query is as follows, there is no legal agreement re custody and access so from a legal standpoint because she has him pretty much 24/7 if he decides to be awkward and does keep him what rights has she got.
Obviously I'd like to tear his face off but I realise that will not do anyone any good.

OP posts:
CoolaYuleA · 23/12/2012 23:04

If he is named on the birth certificate and has parental responsibility then she has no more rights than him. If he took the baby the police wouldn't do anything, and she would have to take him to court for a residency hearing. Which could take ages.

BiL was told by his childrens SW (ex was under SS for neglect) that if he just didn't take them back one day she would have to take him to court to get them returned as he has parental responsibility.

The long and the short is if they both have parental responsibility he has the same rights as your daughter to keep the child with him.

If he doesn't have parental responsibility then he has no rights and if he takes the baby she can phone the police immediately.

Whistlingwaves · 23/12/2012 23:08

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Message withdrawn at poster's request.

Whistlingwaves · 23/12/2012 23:09

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CoolaYuleA · 23/12/2012 23:09

Your daughter needs a residence order and contact order asap if he has already taken the child for longer than planned without telling her.

TBH - if it were my child and the father pulled a stunt like that he'd be getting supervised contact in a contact centre. You really need to see a solicitor rather than asking on the internet.

CoolaYuleA · 23/12/2012 23:10

Whistling At this time of year cooks is probably more appropriate lol!

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