zxrlocost
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| posted on 29/6/07 at 07:39 AM |
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Fathers rights is there any
Hi
my brother in law and his girlfriend have a little baby shes 8 months old however they split up and he wants to see his little girl.
he started off spending time with her on a Sunday for a few hours but then the mom started acting weird and shes laying down daft rules
ie then the time went to 1 and a half hours only on a sunday between 3 and 5 as you know by the time hes got the baby in and out the car this time has
nearly gone,
then he must pick the baby up supervised by someone in his family (I know shes crackers)
now she wants it to be in a creche? only for 1 hour
the baby loves being with him and this is driving him round the bend.
Wheres all these human rights we keep hearing about and fathers rights!!!! he doesnt want the world but an afternoon with his child would be nice ,
He cant afford solicitors fees as hes only just got back on his feet and he gets paid cash.(building site work)
weve phoned a few so called government help lines and before he gets aid he still needs a letter phone call from the solicitor they reckon
so thats
hello Matthew(starts stopwatch)
£180 an hour
oh mr brown you want a short letter
£45
and a phone call no problem
£30
kerching!!!!!!!!!!!!!
sorry it seems like one big con to me
can anyone shed any light?
ta chris
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fesycresy
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| posted on 29/6/07 at 07:46 AM |
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Did you hear about the guy who got jailed for four months for waving to his kids ?
The wife said it was harassment 
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The sooner you fall behind, the more time you'll have to catch up.
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zxrlocost
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| posted on 29/6/07 at 07:51 AM |
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his ex she sounds like shes going that way
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TGR-ECOSSE
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| posted on 29/6/07 at 08:08 AM |
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This is a touchy subject for me as the wifes sister left her husband last year because he was a total b#####d to her and he has not stopped harassing
her through phone calls lawyers letters full of lies etc. He has taken her to court twice! He seems to be getting it all his way. I can't help
with your brother in laws situation as Scottish law is different to English law and wouldn't want give wrong advice. Is there a mediation
service near him (google search) as it might help for both parents to get thier points over without arguing. They both must remember its the child
interests that are the most important thing in all this. I have only seen this from the mothers point of view and it it is tearing her apart. She
hasn't been able to enjoy being a mother as she doesn't know what he will do next and we are very worried about her due to the stress she
is under. Her lawyer is is costing 180 per hour
Good luck
Ronnie
Ps I am on an American system at work and there is no pound sign 
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Fozzie
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| posted on 29/6/07 at 08:36 AM |
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The Law changed (in England) with regard to unmarried parents at the end of 2003, giving each parent equal 'Parental Responsabilty'.
This is of course assuming his name is on the Birth Certificate.
I think your brother in law should go down and have a chat with someone at his local CAB. (Citizens Advice Bureau).
Some solicitors, do a fixed fee consultation, but he does need to find a solicitor who specialises in 'Family Matters'.
It is my understanding that with the 'new law' the need for solicitors is minimized.....but I do not know how in the real world, it
actually works.
It is also my understanding that this is something parents can apply to the 'family court' themselves..... but again I cannot say how
that works in real life.
I have just found this, not read through it yet, but your brother in law may find it useful.
Linky
Good luck.
Fozzie
'Racing is Life!...anything before or after is just waiting'....Steve McQueen
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zxrlocost
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| posted on 29/6/07 at 08:40 AM |
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ok thanks for the help
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rjbrookes
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| posted on 29/6/07 at 08:51 AM |
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I had this with my brother, and i spend quite some time with him helping him out. its been some years now so slight blurred.
Firstly you don’t have to have expensive solicitor’s bills. My brother(richard) did it for about £80 I think, you have to get a form from somewhere
(cant remember where – might be the court, a family one) so you can start a case against her. After that there are no other costs (I think – just
time and time and time). But he did have to represent himself, he did have the odd free solicitors meetings to keep him in the correct direction.
Richards started with her change his sons name into her surname, that is an straight forward fix, a few court visits and a structured statement will
sort that.
Tell you brother in law to log EVERYTHING to the finest detail, times, dates, calls, keep very accurate logs, this will help no end, especially when
she is being unreasonable and you have a catalog of events. Might sound OTT but it isn’t! Trust me!
Also he has to bite his tongue!! He cant appear to be out of tone so to speak, otherwise she will use it against him, harassment is an easy shot for
her to call. Richard got a caution for swearing at a bus stop in front of her! This is hard and emotional to do at times but he must not snap.
Eventually what will happen you will be advised to mediate amongst the parties involved in front of a mediator (typically a women!!!)to hopefully sort
it out, otherwise the court with get involved. Things have changed over the recent years and fathers are starting to get more and more, but you have
to unfortunately fight for it. Do research, we did lots into past case law and quoted varies case numbers and judges quotes to help support Richards
case. This helped. Getting parental rights is important, and its now a more balanced agreement between parents.
All won’t be easy on your brother in law, but he must stick with it. Hope this help and good luck.
Russ
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smart51
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| posted on 29/6/07 at 09:01 AM |
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quote:
Originally posted by zxrlocost
Wheres all these human rights we keep hearing about
there are 23 human rights as written in international law. I don't think any of them concern visiting rights of separated parents.
Sadly. I think the best way to deal with this is to get legal advice.
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zxrlocost
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| posted on 29/6/07 at 09:04 AM |
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very helpful thanks
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zxrlocost
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| posted on 29/6/07 at 09:07 AM |
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I was being sarcastic about the rights thing! as it seems unless hes a low life or prepared to pay for his rights there isnt any
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Macbeast
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| posted on 29/6/07 at 09:13 AM |
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Many solicitors used to do 30 mins advice session free. Bit like a supermarket loss-leader designed to rope you in but maybe worth it for advice on
procedures.
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Keith Weiland
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| posted on 29/6/07 at 09:48 AM |
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quote:
Originally posted by TGR-ECOSSE
Ps I am on an American system at work and there is no pound sign
Press and hold the ALT key then type 0163 on the numeric keypad and you get £ regardless of keyboard.
[Edited on 29/6/2007 by Keith Weiland]
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Keith Weiland
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| posted on 29/6/07 at 10:08 AM |
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If he is on the birth certificate he has automatic PR (Parental Responsibility) and can either request access or better is Shared Residence. Do a
search for Shared Residence on Google and you will find tons of info.
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BenB
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| posted on 29/6/07 at 11:53 AM |
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Go through the CAB (citizens advise bureau) as described. Definitely keep a log of everything (videoing or taping discussions or meetings might be an
idea too).
If the court gets one wiff of a claim of violence or aggression it's game over so as said, keep it clean and get it filmed so claims can be
refuted.
The situation sucks but if he gets angry she'll claim that's why she's leaving and she wants a banning order on the grounds of his
"anger problem". And she'll probably get her way too.
In the meantime, he could agree to the supervised access (CAB should be able to give you a list of suitable venues)- they could (after a few visits)
give a report as to his behavior. IE if they show that his behavior @ the supervised visits is perfect it'll poo on her parade....
Good luck!!!!
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