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Some legal advice needed plz. (Read 4955 times)
john0745
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Some legal advice needed plz.
May 14th, 2009 at 4:19pm
 
ill try and keep this short. Smiley

My neice and her boyfriend recently split, they have a 4month old son.
  my neice let him have the baby on a monday and thursday to stay overnight ( his choice ), and sometimes maybe a saturday or a sunday, again (his choice).
  last week the baby stayed over with him and his "MUM" till the tuesday. he was supposed to return the baby back to my neice at 4pm.. but he phoned her and told her he wouldnt be bringing him back at all. (Obviously him and his mum have been doing a bit of reading up on fathers right's). he promptly told her "there is nothing you can do about it !!!!!!!!!!.
  P.S.. my neice doesnt want to keep the baby from his dad/
Anyway.. she phoned the police to have her baby returned to her. "BUT" the police told her they can only advise him to return the baby to mum ( they couldnt just take him)...
Now she doesnt want to hand him over in the event he does the same thing again. is there anything she can do if this "DID" happen again.??
I know she can contact a lawyer, but it seems to me that if he did keep the baby there would be nothing that my neice could do untill it went to court ?
She only wants reassurannce that the baby would come back to her at the specific time decided.
shes scared he might do it again.... please help/

Kind regards..................................................................JOHN
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Lil Mo
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Re: Some legal advice needed plz.
Reply #1 - May 14th, 2009 at 4:32pm
 
Hi,

The best advice I would give is that your Niece arranges to see a Lawyer asap to have some sort of agreement drawn up, I am not sure but think this can be done in the interim before it would go to a full Court Hearing. 

In the meantime, I would advise her not to allow overnight contact or indeed any contact whereby the baby's father has the child on his own, but only when the child's Mother is also there until this issue is resolved, and also have someone else with her that can offer her a bit of moral support should the father turn nasty in any way.  Should the father object to this, all she need do would be to remind him of his and his mothers actions on the previous occasion, and tell him that she is not comfortable allowing him access on his own as a result of this.  Subtly, reminding him that it was him who started all this in the first place by making threats of not returning the child.

Hope this helps.

Mo
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john0745
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Re: Some legal advice needed plz.
Reply #2 - May 14th, 2009 at 4:46pm
 
Sound advice i would say.. thank you Lil Mo.

So basicaly she could contact a lawyer, get a contract drawn up that he would need to sighn ? and after this if he didnt return the baby, he could be arrested ???

thanks so much for the reply/

kind regards...................................................John
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Lil Mo
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Re: Some legal advice needed plz.
Reply #3 - May 14th, 2009 at 4:55pm
 
Hi John,

Effectively he (the father) would need to get himself a Lawyer, and the two Lawyers would draw up an agreement which they would both have to agree to.  What I would say the sooner your Niece contacts a Lawyer the better, that way she cannot be accused of being awkward in any way, and shows that she is wiling to allow access by the baby's father, but putting it on a formal footing.

Good Luck

Mo  Smiley
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john0745
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Re: Some legal advice needed plz.
Reply #4 - May 14th, 2009 at 5:11pm
 
thank you again Lil Mo.. apreciated.

kind regards.........................................John
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john0745
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Re: Some legal advice needed plz.
Reply #5 - May 19th, 2009 at 4:40am
 
She has a appointment for wed 20th,  any advice on what question's she should ask ?
Like !!!!! 
if he sighn's an aggrement for the baby to be returned, and its aggreed by all party's, would my niece be able to phone police to have the baby returned ?

Im only asking this as it's not realy a court aggrement.????

Its not a problem to go get him back... but id rather stick by the rules off the law. if i have to, Roll Eyes

off to work now,,kind regards,,,,....................................................John
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Re: Some legal advice needed plz.
Reply #6 - May 19th, 2009 at 10:47am
 
Re police: No, the police tend not to become involved in civil disputes. They have their hands full with the real criminals.
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Lil Mo
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Re: Some legal advice needed plz.
Reply #7 - May 19th, 2009 at 2:32pm
 
Hi John,

Best to just disregard the last poster, we all do.

With regards to your question, I am not sure, though one of the more Senior Members who are fully qualified will be able to advise you better on that one.  Sorry I cant be more helpful, but am sure one of them will be on soon to answer your question.  I am glad you Neice is seeing someone about it really soon as I said before that way she is keeping herself right, the Lawyer that she is seeing should also be able to advise on your question.

Mo  Smiley
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Re: Some legal advice needed plz.
Reply #8 - May 19th, 2009 at 10:52pm
 
Mo, keep your wig on love. The police will not get involved in civil disputes, especially of the type the OP described.
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john0745
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Re: Some legal advice needed plz.
Reply #9 - May 20th, 2009 at 1:02am
 
Lil Mo wrote on May 19th, 2009 at 2:32pm:
Hi John,
Sorry I cant be more helpful, but am sure one of them will be on soon to answer your question.

Mo Smiley

  thats not a problem Lil Mo.. your advice on my first post was excellent..thats the reason she has this appointment, so thank you.

  Kind regards..........................................  John
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