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[Solved] Help Needed!


Posts: 2
Registered
Topic starter
(@Simonr1978)
New Member
Joined: 12 years ago

Hi, new to here, i was just looking for some guidance on my rights if possible. It's Saturday and everywhere's shut!

So a tricky one, i'll try and keep it short and sweet.

Our 6 year old daughter lives with her on the Isle-Of-Wight. She moved away last year, I had no choice in the matter. Since then i've commuted every month without fail down there from the North West to see our daughter.

We've had our problems (including her stopping access for no reason for 8 months) but we're straight now and have a reasonably good relationship. I have a partner, so has she.

A couple of weeks ago she told me she had to go into hospital, something wrong with her stomach. No problem. She asked if her boyfriend (short term, a couple of months) could look after our daughter. Respect for asking, no problem, I like the guy. It's only short term.

Last week. He phones me up. My ex has been sectioned. Seems there's nothing wrong with her, unbeknown to me her behaviour has become increasing instable for the last couple of months. He made the call, he had her sectioned. Oh man.

I slept on it. Didn't know if I should go collect my daughter? I kept in contact with him as he said he'd keep me updated. He told me the Social services had opened a file on my daughter, so I gave them a call. They couldn't tell me anything except my daughter is being cared for by my ex's partner, I already know this! Although i'm her dad, on the birth certificate, parental responsibility etc, All they could do was give me hospital's number.

So I call the hospital. They can't tell me anything. I'm being passed about here, all i ant is my rights. I don't want to go and get my daughter without going through the right channels. So the hospital tell me if my ex will speak to me, can i call back at 8. She agrees to this, although it's not why i phoned. SO i call her back at 8..

She tells me she's fine, she hasn't been sectioned at all and she's getting out today (saturday). What???? I tell her i was going to suggest coming to pick up my daughter. Until she's better, I reiterated to her i wasn't taking her off her, just until she's better. Oh no, she's fine, she's out saturday. In fact she came home the other night to see her, but had to go back in.

Anyway, today, I came down to see my daughter and have a chat with her boyfriend. He tells me....she WAS sectioned, he made the call. She's in voluntarily, but if she tries leaving they'll bring her back in. And when she came home the other night? She ESCAPED. Got in a taxi, went home, he had to pay for the taxi, and they took her back in.

I get on alright with him so we carried on our chat. Turns out she's been getting worse for the last couple of months. In fact, he told me they actually seperated a month ago, and he has told the doctors this too. So my ex's ex is actually looking after our daughter! He told me he's trying to get her to sign over parental responsibility to him. Can that happen? I don't want that!

I told him I was going to suggest to her picking up my daughter if it's long term. He said "it's well within your rights".
This is what I want to know!!! Is it? I'm currently with her now. She's staying overnight with me. I have discussed with my partner, colleagues, friends what I should do. "go get her" is the usual answer! I just don't want to break any rules or red tape and end up with it going against me, if she screams kidnap or anything.

So the question. Can I take my daughter home? He is on record with the social services as the one caring for her while the ex is in hospital. But if one parent is unfit to care, and the other is, can I just take her home or do I need to contact social services. Of course i'll contact the boyfriend, won't just run away. I'm stuck! Please help!

Thanks for any help you can give.
Simon.

6 Replies
6 Replies
Registered
(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Hi Simon and welcome 🙂

This is just my opinion but as you have PR and the resident parent is unable to care for her, then you have every right to take over the parenting. As far as PR is concerned, she cant just sign it over to her ex, he would have to apply through court and to be honest if their relationship is over then he really has no grounds to be granted it anyway.

I would bring her home and then set about contacting the appropriate agencies in your own area and explain the situation to them. You are after all only acting in your daughters best interests, you are fully bonded with her and have had established contact. Have you spoken to your daughter about any of this and what she would like to do?

Alternatively you could obtain the Emergency Child Protection Access Team contact number, they should be available 24/7. It might be helpful to telephone the police too, as they can advise you of your rights in this situation.

Theres no way of knowing if the situation with your ex is long term or not but what I would say is that mental health problems arn't usually just a one off. It might be that you should consider going to court for a Residence Order in the circumstances.

Good luck with it all and let us know how you get on 🙂

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Registered
(@Goonerplum)
Joined: 15 years ago

Noble Member
Posts: 1855

I will ask the Coram Children's Legal Centre to pop by and answer your question but it won't be till monday I'm afraid.

Gooner

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Registered
(@childrenslegalcentre)
Joined: 16 years ago

Honorable Member
Posts: 447

Dear Simonr1978

Thank you for your e-mail.

We would be grateful if you would contact us to discuss your matter in more detail.

You can contact us via our webchat facility which can be found at www.childrenslegalcentre.com and is available Monday to Friday 9am to 6pm.

Alternatively you can contact our freephone advice line on 0808 8020 008 which is available Monday to Friday 8am-8pm.

We look forward to hearing from you.

Yours sincerely

CORAM CHILDREN’S LEGAL CENTRE

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Registered
(@Simonr1978)
Joined: 12 years ago

New Member
Posts: 2

Hi, thanks so much for your help. My daughter is now with me, safe and sound. After waiting 4 hours for a reply from Social Services on Sunday morning, I called the local police as advised here, who told me they had no reason to stop me taking her home with me. The ex's partner made it difficult, but knew he couldn't stop me. He asked me for a week before I made any "rash decisions". On this, I decided he was trying to buy that time for ulterior motives.

This morning I have cleared the situation with both my local SS and the Isle of Wight SS who told me they were hoping for someone with PR to come and collect her and were happy that she's with me.

So thanks so much for the help. Since my little girl was born, i've had PR but I always thought it was just a meaningless phrase as it's never helped me in difficult times before. But now I have a little faith in the system restored.

Thankyou 🙂

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Registered
(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Thats wonderful news and I am glad that we were able to help you move forward! 🙂

If you intend to make this a more permanent arrangement, I would seek a Residence Order sooner rather than later, which will give you both the security you need. If you decide to do this, let us know and we will help you all we can.

You will be entitled to child benefit and possibly working family tax credits, so I would start your claim for these straight away. 🙂

Reply
 ak57
Registered
(@ak57)
Joined: 13 years ago

Prominent Member
Posts: 623

great news

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