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wife gone and taken child

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dinkydoo | 23:11 Mon 29th Mar 2010 | Law
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My son who works away during the week has just been told that his wife of 5 years has left the marital home and taken their 4 year old son with her. Where does my Son stand legally with this regarding his Son and what is his best course of action? I look after my grandson each day while they both work and his mother collected him at 4pm today earlier than usual, said nothing to me and just left!!!
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When a child is involved, you need proper advice .. not necessarily opinions of people on here. Get hime to see a solicitor ASAP. Some specialise in children custody issues, too. There are usually 2 sides to these stories, and they should possibly be heard through mediation .. properly, if there is a grievance or complaint from either party.
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thank you albags, i will show him this as he is on his way home and has given notice on his job as he says he is not going to give his son up without a fight.
It's no longer called custody - if your son wants the child to live with him he has to apply for a residence order
He has the same righst as your daughter - they were married so I assume his name is on the birth cert? Ergo she cannot 'do' anything with her son without consulting her to. Ie: she will need legal orders if, for example, she wanted to stop your son collecting his child from school
Look here for some useful tips
http://www.direct.gov...redsearch&CRE=Parents
Explains residence orders
http://www.alternativ.../residence-orders.htm
how is he going to look after his son with no money?
dinky that seems a bit rash to give up the job, I would have thought that someone in employment would stand a better chance of offering support and residency to a child. Why did he do that?
full time steady employment with a support structure for the child (e.g. you willing to help with care etc) would have looked a lot better than being unemployed
Tell your son to contact an organisation called Families Need Fathers. They're a national organisation, with a great legal support team.
They helped me through my split.
Question Author
thank you everyone for all the advise, i will pass it on, much appreciated
this may not be welcome here and im sorry before hand if its not, but please try and keep an open mind even it being your son. you never know what goes on behind closed doors and thing might not be as great as you thought. i left my partner with two children while he was at work, as i couldnt live with the abuse anymore and was to frightened to face him, as he hit me the last time i had done. this may not be the case with your son but if you can contact her try and offer an open mind as to her reasons for doing what she has.
again im sorry if this is out of place
Hiya LB ... It's not out of place ... In this case, there is no mention af any abuse .. so this cannot be assumed.
In your case, looks like you left doing something quite late. Sorry for your situation there.

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