Q: I have just returned from a work trip and discovered my partner has moved out and taken our baby. She left a note saying she has a job ‘down south’, is renting a house and has arranged childcare, but isn’t going to tell me where, as she says it would be unsettling for the baby to see me. I am devastated as I love my son. How can I find them? What can I do?
A: Regardless of your living arrangements, if you are named on his birth certificate as his father, you automatically have parental responsibility which means you do have the right to know where your child is living and the right to be involved in major decisions about him. Major decisions include his education, healthcare and residency.
The only way your partner can prevent you having access to your son would be if she had a court order to that effect or could prove you were a genuine risk to the child’s physical or psychological wellbeing. To prevent access without these could be viewed by the court as your partner over-exerting or breaching her parental responsibility.
In the first instance you should try every avenue to find out where your partner has taken your son, for example contact relatives and friends who may know their whereabouts. If this proves fruitless you can apply to the court who can issue orders directing a person or organisation to disclose the child’s location. The court can also issue a Prohibited Steps Order which is designed to prevent your partner from doing certain things with your son such as removing him from a certain school or jurisdiction. A Child Arrangements Order will establish living arrangements for your son and ensure your continued involvement in his life.
You should make an appointment with a family solicitor who can explain all your rights and help you apply to the court for the relevant Orders.
This question has been answered by Nathan Wright, a Partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
