Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
What are my rights regarding a new partner
#1
I've posted once before on this forum on behalf of my partner. He has a 3 year old son and the mother of his son has made things very difficult for me to be around my partners son. 

We waited a year until she was ready for me to meet their son and have been very respectful of many things. I recently posted a collage of pictures and one of the pictures had their son in. She has now flipped her lid so I removed the picture for now and messaged her suggesting we put our differences aside for their son's sake.

This resulted in her calling me and making all kinds of absurd threats about suing me for posting a picture without her consent as well as ruining my career over it. She has said she is the primary carer and has the right to decide where their son is and who he is with and that I am never allowed to be alone with him. Currently there is no court order in place and they have recently been to one mediation session to try and resolve things. However after I tried to approach her to resolve things she has since claimed I am causing emotional abuse and 'heartache' by messaging her as well as causing psychological abuse to their son. She says she will prove this. 

We know most of what she says is rubbish however are struggling to know what his rights are as a dad with parental responsibility and no court arrangements in place. 

Any help is much appreciated so we know what we can and can't do! 

Thanks
Reply
#2
Pretty sure that other will chip in, but as I understand this.

No parent has ANY right to dictate what happens whilst the child is with the other parent. Unless there is a court order preventing contact...
Reply
#3
Shortly after splitting I met up with my new partner, completely different to my ex.

My ex hated her - and made me pay each and every step of the way, it was horrendous, I was not going to see my daughter, etc - and I had everything thrown at me.

When your child is in your care, during contact, as long as there are no child protection issues, there should be no problems at all (unless as Thantos says there is a Prohibited Steps Order), one way to alleviate this I found was to let your ex apply for a Sarahs Law application on your partner (this is what I did with my current partner), and the Police informed by other half that there were no safety issues, and even CAFCASS were more than happy to go ahead with contact on those grounds.

As long as you dont put your child at risk or put them in harms way, you can introduce them to anyone you wish.

As to other advice, you have been (and failed by the sounds of things) in mediation, so maybe its time to put it down officially and go for a Child Arrangements Order, this will cost 215GBP and you can get plenty of advice on here. Keep all your evidence, and any texts/emails etc that you have been sent.
The opinions here are not that of Separated Dads, but merely a loving father who has been through the process and has come out the other side.
Reply
#4
Great thank you for your responses. Was exactly what I expected that she doesn't have the right to dictate all of these things.

Sounds like she is getting a health visitor involved, what does this mean?
Reply
#5
It will mean that she is going to throw everything at you - expect her to check the box on the C1A response to say that theres been Domestic Violence and all sorts of other type of violence
The opinions here are not that of Separated Dads, but merely a loving father who has been through the process and has come out the other side.
Reply
#6
If the health visitor comes and finds no issues what happens next?
Should we attempt a second mediation session and get a consent order drafted up from agreements made there?
Reply
#7
If she isnt willing to mediate then you need to get a deadlock letter from the mediator and then submit a C100 to formalise child arrangements
The opinions here are not that of Separated Dads, but merely a loving father who has been through the process and has come out the other side.
Reply
#8
bit of info I dug up from one of my previous posts
It mainly deals with when the child is with you, you are the parent, she has no rights to say what, when, whom, how or times of anything you do when he is with you. I have plagiarized this from another site and from the court of appeals site. So hope it's of some use to you

if you have Parental responsibility the essence of the Child Act 1989 is that it's not practical for a person with PR to have to ask another person's permission about everything to do with that child, there are certain exceptions such as boarding school etc that require total consent.

There is case law that supports this: in the judgment of the case of D. v D. (Shared Residence Order) [2001] 1 F.L.R 495, Lord Justice Hale said that where a child is being looked after by one parent, that parent must be allowed to take the decisions relating to the child. While this parent has care of the child, the other parent should not try to interfere with matters relating to this time during which they don’t have care of the child. This does not, of course, extend to taking decisions that contravene a court order. However, where possible, flexible and practical arrangements should be made.
When they live with you for the few days, you are being delegated the care on a temporary basis.
(The full legal gist is taken from the court of appeal document below)
(22) The background to the Children Act 1989 provision lies in the Law Commission’s Working Paper No 96, published in 1986, on Custody, and the Law Commission’s Report, Law Com No 172, published in 1988, on Guardianship and Custody. If I may summarise the basic principles proposed, the first was that each parent with parental responsibility should retain their equal and independent right, and their responsibility, to have information and make appropriate decisions about their children. If, of course, the parents were not living together it might be necessary for the court to make orders about their future, but those orders should deal with the practical arrangements for where and how the children should be living rather than assigning rights as between the parents )

(23) A cardinal feature was that when children are being looked after by either parent that parent needs to be in a position to take the decisions that have to be taken while the parent is having their care; that is part of care and part of responsibility. Parents should not be seeking to interfere with one another in matters which are taking place while they do not have the care of the children. They cannot, of course, take decisions which are incompatible with a court order about the children. But the object of the exercise should be to maintain flexible and practical arrangements wherever possible.
Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional.
Reply
#9
That's a really great help. Thank you so much, will definitely be using that during the next meeting to get the point across.
Reply




Users browsing this thread: 1 Guest(s)