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Dad in prison does he have a right to be at the birth?

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scaredycat | 16:08 Wed 08th Apr 2009 | Law
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He got sentenced to 2 years in January, he's moving to an open prison in July possible earlier an d his tag date is 3rd September. We're due our second baby on August 8th, he said there was some 'thing' where he has a right to be at the birth, is this true? What would happen if baby came at night? Also what is the likelyhood of his tag date being brought forward? Sorry for all the questions!!
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He probably will but he shouldn't. I thought that he was meant to be being punished for some misdemeanour(s).
Why should day release be part of the deal?

Besides, I missed my son's birth and I wasn't in prison.
Question Author
sorry you missed your sons birth but what has that got to do with my question?
Im not going into a debtate. But he pleaded guilty as advised by the solicitor so he wouldnt get a stupidly long sentence, it should never have come to this in the first place. The other person was an off duty plod- thats why it has come to this
For your information, Courts do not make examples of people because the victim is a Police Officer.
As they say: If you can't do the time, don't do the crime.
Question Author
Thanks for your opinion. So with the case thats in the news where a police man pushed that man over and he later died- do you think he'll be treated the same as any other person would? Because I don't. Things are different if they are a plod. The off duty plod started the fight in my case and he came off worse, fair that one gets thrown in prison and one carries on as normal- I dont think so.

If anyone else has any answers to the original questions, I'd be grateful :)
He does not have the right, but he may be afforded the privilege.

The length of time served by prisoners bears increasingly less resemblance to the sentences passed by the courts and I imagine a way will be found to allow the proud father to attend the birth of his child.
You're very arrogant for someone who's asking for other people's assistance!

If he got 2 years it must have been a fairly serious assault.

He has no RIGHT to be at the birth although the prison authorities may consider a REQUEST. They will not rush him to your side as an emergency case in the event that you deliver "out of hours".
Sorry you're having such a difficult time. New judge is quite correct that generally efforts are made for events such as this and for what it's worth you are completely right that who the victim and perpetrator is in court makes a world of difference. In the really real world, a,policeman's word against a layman's in court is worth diamonds, so I am not at all suprised by what you write. I hope everything goes well for you:)
obNOXious:

"a policeman's word against a layman's in court is worth diamonds".

Do you have an example of that? Or are you just "surmising"?

I know from personal experience that your claim is at least questionable. What experience do you have to back up such a sweeping statement?
Any rights - strangely more than likely!

Maybe the tax payer should pay an officer and driver to be on stand by for you so that your husband can be shipped to your side any time day or night.

How thed hell can you justify a tag date of 9 months when found guilty of a crime worthy of 2 years sentancing?

How about you enquire about giving birth at the prison??!

i think it's only fair on the child.
he/she wont remember it, but in years to come he/she'll know and it's not fair on them just cos their dad was stupid enough to do something that ended him up in prison
oh get real!!!!
The very concept of prison is to take people out of the community for punishment and it is the father's responsibility to keep himself out of trouble to enable him to see the birth of the child, if he feels that strongly about attending.
It will make no difference to the child at all, and the man will have to live with the consequences.
Question Author
Thanks for your repiles, obviously I wont agree with them all!
Hopefully he will be able to be there then, I think it will make a difference to the baby- if I found out my dad wasnt at my birth but was at my sisters I'd be upset, plus the whole bonding issue, its important when a baby is first born.
I dont agree with him being in prison it's a waste of taxpayers money, I'd rather first time offenders (or those stiched up..)were made to give something back to the community, and made to go on certain courses.
I was hoping someone would be able to pick him up if it was at night- he's entitled to visits outside for a weekend etc, it'l be an open prison not a cat c. I suppose I'll just have to see what the open prison tells him when he moves.
Thanks all
My dad wasn't at my birth. I'd have to say I've never given it a moment's thought or consideration since. Nor has it affected my life one single iota.

I was at the birth of my own son 7 weeks ago and even cut the cord but I doubt he'd actually have noticed if I wasn't.

There is some truly ridiculous stuff peddled about these kind of things in a "Won't somebody please think of the children" Simpsons kind of way.

If the guy can be at his child's birth good luck to him. Hopefully it's possible. But it isn't a right and he presumably isn't in prison for no good reason so if his custodial sentence happens to get in the way everyone will just have to cope.

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