Legal wrangle suddenly complicated

Nelliemoser is right, apologies for posting without checking the relevant dates.

Should have read Iam64Am I right in thinking.......

I am so glad I am no longer working. I used to know this stuff straight off.

www.oneplusone.org.uk/content_topic/married-or-not/children/

From 1st December 2003, fathers who register a child’s birth with the mother automatically gained Parental Responsibility. However this only applies to children who are registered after 1st December 2003.

Where is Iam64 when you need her?

Iam64 I am right in thinking that automatic PR only came in in Dec2003 in England.
This lad is only 14.Unless my maths are wrong this lad was born in 2001.
before that so no automatic PR.

www.gov.uk/parental-rights-responsibilities/who-has-parental-responsibility

"A mother automatically has parental responsibility for her child from birth.
A father usually has parental responsibility if he’s:

married to the child’s mother
listed on the birth certificate (after a certain date, depending on which part of the UK the child was born in)"

It occurred to me after Id posted Allie, that if KL's birth father's name is on the birth certificate, that also ensures he has PR. Having PR gives certain rights but is no guarantee any court would force his son to live with him.

Your point about how marriage would have simplified the legal wranglings is well made. It seems crazy given how many people choose not to marry but don't realise the legal implications.

No, KN's mum and L were not married, so he didn't have automatic PR.

If she and K had married (was planned in July) a lot of family problems could have been avoided. But.....

However, the outcome yesterday was ok.

It's good that you were at the end of a phone Allie and excellent news that K now has PR for KL.

Does the birth father already have PR, if he was ever married to KL's mother, he automatically has PR and that may explain why he has a copy of the sw report (if indeed he does, seems very odd to me). As K now has parental responsibility and must be a party to the proceedings (legally that is) he should get copies of reports.

If private law matters become complex, the court sometimes appoints a Children's Guardian to represent the child/young person. The CG appoints a solicitor to act on behalf of the child and given your grandson's age, I'd expect his wishes and feelings to be acted on, unless there is very good reason for them not to be. Most of the family Judges are very experienced, balanced, fair and child centred in their work.

Incidentally on Nonnie's point about reports not be altered even if found to be incorrect, it's true that reports can't be altered. THey can and should be subjected to an addendum report that corrects any previous inaccuracies.

Best of luck with this Allie.

Thanks all. I am going to bed early - even if I have to miss the Bake-off!

Allie Well done for fighting your corner here. Keep strong.

Glad it seems to be working out despite the SW. I don't know what their rules say but my experience is that there is no logic in what some of them do. Apparently they cannot take note of something they are told unless it is from one of the parents! I doubt that can be true or no one could ever report child abuse. We were also told that if something is in a report it cannot ever be changed. Not even if it is proved to be false!

Have a rest now. I am sorry you went through all that worry. The outcome should never have been in doubt. At 14 years old the judge will give priority to the child's wishes. His biological father is probably hoping for some sort of access rights, but even then, if the boy does not want to see him then his views will be given priority.

Could K think about a formal adoption when he is feeling a bit stronger?

The ghastly thing in these legal situations is that the people involved feel so impotent - when you are clearly the people who know best about the situation. But SS and the courts have to make sure that all is well and it is right that they look into it all.

It's sorted now so please lie back with a glass of something and heave a sigh of relief.

A very wise and sensible judge. Hope you can relax a bit now, Alie.

Thanks. definitely help...I'm having the - and making the !

Oh Alie what an utter palaver on top of everything else......
Go and put your feet up ( if you can)
whatever vaguely helps x

Done for now, though Alie have a or a and try to unwind.

Oh gawd, what a day. and all that on 4 hours sleep................

Yes anno when he gets to the next lot of SW....

I have not met the SW involved, K dislikes her intensely, I think she has misquoted me in the report, what I said on the phone.
K did see it, but was not allowed a copy!

However, things have been sorted, K gets the parental responsibility, but L is still to be investigated. - I had a call from K as I was on the way out.

L managed to irritate the Judge considerably. How? By leaving it until the last minute to come, arriving later than he said anyway, talking too much, and expecting the judge to read reams of paper!
Judge said he had messed up his day. Good work, L.

JB the brother wasn't even allowed in. Not relevant to this case, I guess.

Alie, I know you are doing and will do all you can to keep your GS with K. I hope that your GS will be interviewed by skilled Child Services personnel. It would surely be useful for him to emphasise that he wants to stay with his new half brother which might weigh with those officials who want to keep families together.

Sometimes when you read something like this and see what some of theSS staff have done you wonder if some of them have any common sense or courtesy at all. Fancy giving a report on someone to a third party who sounds a bit iffy when the subject of the report has not been able to see it himself - and neither has the GM in this case. Allie you are obviously so engaged with the family and happy for your GS to stay where he is surely they must take your view into consideration too. - have you been able to give any input to the SS etc yourself Allie?
I hope this is resolved quickly and as you all want - everyone could do with support and less worry and stress. X x

Thanks for support all. I have to go out to get my phone sorted - will update when I can.

You don't need this alie, indeed, none of you do! Keep the wooden spoon going and tell SS all you know about the the father.

So sorry to hear this AlieOxon and I hope you get the necessary support without paying an arm and a leg to lawyers. He (L) is clearly after something, and I am glad you are up to the fight. Good luck!

L has now arrived in court with one of the older brothers JB.
I am stirring it.
I have just told K's sister something about JB - who should also be investigated, as I think they are throwing a spanner in all the works by suggesting that KN should live with him!

I'm sorry that you have one more thing to worry about Alie - I hope the authorities respect your GS's wishes.

It's unlikely that his natural father really wants parental responsibility, from what you say about his past behaviour, more he's trying to exert some disruptive influence and control.

An American friend had the ludicrous situation some years' back when her ex, long absent and unsupportive, suddenly applied for custody a month before her son was 18 years of age!

She was obliged to engage a lawyer and respond - obviously it all came to nothing a few weeks later when the boy reached 18.

Keep stirring it, Alie Your input is at least as good as the natural father's, and K has been in loco parentis to the boy through his formative years.
I can see that perhaps the natural father (I am not saying real father) needs to be considered in the decisions, but not without as much investigation as the stepfather, and giving him a copy of the report before HE has been investigated as thoroughly dosn't sound right to me.