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Brief summary of our situation...
My partners ex-husband left her, and their new born baby boy, for another woman and, quite rightly, she divorced him.
A year later we began our own relationship.
Initially, my partners ex-husband saw his son fortnightly (his decision) but rarely had him overnight and on a few occasion brought him back early (it later transpired that this was because some of his times with his son clashed with his passion for drum and bass and clubbing). Even at that though we accommodated him - everyone deserves a night out sure, but maybe his timing could have been better and as for his priorities...
Eventually, he didn't see his son at all, nor did he make any contact. When contact was eventually made, he would be verbally aggressive on the telephone, death threats to myself, insults to his ex-wife. This continued so we involved the police and he was charged with a telecommunication offense, as I understand it. If anything this made matters worse in terms of his attitude and behaviour.
He also, around that time, ceased any payments he was making towards his son which were, previously, informal and were half of what the CSA estimated he should be paying. So...my partner involved the CSA and they successfully chased him up for overdue money and set up an on-going payment plan.
He has now left his employment and the CSA, again, are having to chase him up because he is making no effort to contribute but is claiming that he is self-employed and doesn't earn enough (the clubbing continues though - Facebook can be helpful sometimes!).
He hasn't seen his son for over 14 months now (the boy is 3 years old) and his behaviour is still, as far as we are concerned, unacceptable. He has threatened me in the local shop, been aggressive towards his ex-wife's mother and his ex-wife.
We are both now increasingly concerned about the future and I wanted to ask advice on what rights we have and also what rights I have as a stepfather who has been involved for almost 2 years now.
We wrote to him last year, and copied that in to a solicitor, asking about his payments mainly but also expressing concern about his lack of involvement - no reply was forthcoming.
Personally, I don't want him to have anything to do with his son whilst he is in this state but I feel helpless because I'm not aware of my rights. In fact, I'm very concerned about any involvement his father has at all because his behaviour has become almost delusional and I have no doubt that this would be very destructive for the wee fella who is a terrific young boy brought up by two people who love him, and support him, very much.
Where do we stand?
What, in your opinions, would be the best way forward?
I am paying half of the boy's child care costs (we both work) as well as, obviously, providing a home, heat, food, days out, etc etc. I feel very involved in the young boy's life and that is starting to become very fatherly but, at the same time, I don't want to come across as the child-snatching stepfather because that is playing right into the ex-husbands "they're trying to take my boy away" script.
It's a very difficult situation and I feel a bit lost with it all.
I'd really appreciate some advice.
Thank you.
Hi dadforjustice,
I have asked the Coram's Children's Legal Centre to pop by and explain what rights you have. Keep popping back to see their response.
Cheers
Gooner
Thanks man. I understand that I can apply for parental responsibility of the child however I can tell you now that the ex-husband will, in no way, agree to that.
Does my assuming parental responsibility mean that the ex-husband will no longer have a financial commitment to his son? I read somewhere that was the case, or maybe that's adoption of the child. If it meant getting the CSA off his back then I wouldn't be surprised if he agreed to that.
By the way, I should mention that we're in Scotland as I'm aware that the law differs south of the border.
As a toffee, that's an unfortunate username you have there...this Sunday should be a cracker at Goodison. 😉
Hi Dadforjustice,
Unfortunately we are unable to advise you on this situation as we can only advise parent’s who are resident in England and the legal situation in Scotland could differ from that in England.
For advice on your rights and options moving forward I would advise you to contact the Scottish Child Law Centre on 01316676333.
I hope they’re are able to assist in your situation.
Yours Sincerely
Coram Children’s Legal Centre
I appreciate your reply, and position, CCLC.
Initially I was hoping to get some guidance in here as I find that people's experiences and advice are far more valuable in the early stages than wading straight in with solicitors and their associated fees.
I'll give the Scottish Child Law Centre a ring though, thank you.
hi dfj
I think the Scottish Child Law centre are best to advise you, but if you haven't already spoken to them (or even if you have, you can call them back), the questions I would be asking are:
1. Can I gain PR for my stepson, and if so, how?
2. Can I adopt my stepson (assuming you want to do this), and how - what happens if the biological father objects?
If you aren't already doing so, start keeping a diary of all events and conversations, including contact, so that you have this if you need to go to court.
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