what would you do?

[saintsue]

Morning Everyone

I have a 2 year old little boy who has been with me full time since he was 5 months old, his mum and dad split up 3 weeks ago mum has asked me id dad turns up to pick him up then dont let him take him, Dad has a drink problem to, am i allowede to say no to dad, luv sue xxxx

[mrs_scottydog]

Hi Sue, if your mindee's dad has parental responsibility then there's not a lot you can do if the dad comes to collect until you know that the mum has got a court order against him collecting his son.
It's a difficult situation as you obviously want to help mum out aswell. Hx

[HELEN10]

Hi I agree with Scottydog but I would not let him take the child if he was obviously drunk, parental responsibility or not!

Helen

[the happy house]

It's very likely he will have parental responsibility along with the mother.
You can't refuse to let the child go with dad in that case... unless there is concern for the child's safety (ie, if he turns up obviously drunk).
Unless there is a court order in place stating otherwise, he is entitled to collect his child.

Puts you in a horrid situation - in the middle of a parental dispute - but explain to the mother than your hands are tied by the law.

[BuggsieMoo]

The dad will have parental responsibility (even if not married to mum) as LO was born after 2003. It was only prior to then that dad had to be married to mum or be on birth cert to have it.

You can't stop him collecting LO irrespective of what mum says or requires UNLESS she has a current court order in place that stipulates he is not to collect the child. Sadly this will put you in an akward position with mum as you cannot follow her wishes on this one without it. If you did refuse Dad has every right to call the police and I believe you can be charged with kidnap!.

However, that aside, if Dad turned up to mine and smelt of drink and/or was drunk then I would refuse to allow him to take the child on a welfare and safeguarding issue.

I would log that mum has asked you to do this, if she has a court order ask for a copy but if not, explain the legality of it to her. If she has serious concerns about Dad collecting LO and they are founded then hopefully to stop you being in such an akward position, she can apply direct to the court for an applicable order.

Poor LO though to be court up in the middle of mum and dad's battle and of course poor you also.

Big hugs xx

[Stew....pid]

If its only the mothers signature on the contract then surely its a contract between yourself and her so cant she decide who is allowed to collect the child or are contractual powers overidden by custody powers ?
im just havin a stab in the dark here

Sorry not custody, i meant joint parental thingy

[mama2three]

Unfortunately not Stewart. The only exception that I can think of is if you had never met / couldnt identify Dad - and even then this is only relevant where the child cant identify Dad! Otherwise if he has parental responsibility and isnt an obvious threat ( eg drunk , violent) then child has to be released to him.

[Stew....pid]

Unfortunately not Stewart. The only exception that I can think of is if you had never met / couldnt identify Dad - and even then this is only relevant where the child cant identify Dad! Otherwise if he has parental responsibility and isnt an obvious threat ( eg drunk , violent) then child has to be released to him.

was worth a shot