Guest Posted December 23, 2009 Share Posted December 23, 2009 Hi all Please could you help, what is the legal requirements when one parent says that the other parent is not allowed to pick up their child, but both parents details are on the application form. I assume there has to be some legal documentation to support this statement. The parent had just stated that they do not want the other parent picking up their child. Please help Many thanks Carly Quote Link to comment Share on other sites More sharing options...
Marion Posted December 23, 2009 Share Posted December 23, 2009 We can't prevent a parent from collecting their child unless there is a court order Quote Link to comment Share on other sites More sharing options...
mps09 Posted December 23, 2009 Share Posted December 23, 2009 If both children have parental responsibility then they both have the right to collect - you would need a legal notification if one parent was refused access. You could indicate that you would contact one parent if the other one arrived to collect.... but I don't think you would have the right to refuse it. It is a very difficult area, so I don't envy you the decisions you make! Quote Link to comment Share on other sites More sharing options...
Upsy Daisy Posted December 23, 2009 Share Posted December 23, 2009 This is such a difficult area because how are we to know who has parental responsibility apart from by asking the parents? I know that if they were married when the child was born they both have it and whoever is on the birth certificate has it but that's as far as my knowledge goes. I would tell the parent that I would only comply if I had a copy of a court order instructions from the police if the child is at risk or a letter from a solicitor. You could end up in trouble if you withold a child from his or her parent. Quote Link to comment Share on other sites More sharing options...
sunnyday Posted December 23, 2009 Share Posted December 23, 2009 (edited) Hi Carly Is there a Child Protection concern here? Could you get some advice from your Local Safeguarding Team? Really difficult area, I have been there..........this was with a child with parents who had been separated for a long time, lots and lots of issues..........I did explain to mum that I wouldn't have a 'leg to stand on' legally but would ring her if 'dad' turned up.........annoyingly she was almost always late to 'pick up' herself, thus increasing the risk..........anyway, thankfully it never happened..........I planned that I would 'stall' him with "you are not on my list of people authorised to collect" while my deputy contacted her....... Good luck with it all Edited December 23, 2009 by sunnyday Quote Link to comment Share on other sites More sharing options...
Marion Posted December 23, 2009 Share Posted December 23, 2009 Even if there are Child Protection concerns unless there is a court order preventing the person from contact then legally the setting can not refuse. Quote Link to comment Share on other sites More sharing options...
Cait Posted December 23, 2009 Share Posted December 23, 2009 We have the 'parental responsibility' statement on our registration form as we've had problems in the past like you are describing. We did insist on a court order to 'back us up', but Dad came one day - with a bouncer-type bloke, and it wasn't pretty! I managed to get him to leave without the child - it was mid-session anyway. I was shaken up a bit, but I knew I had the piece of paper to back me up if I needed it. Luckily my neighbour is his solicitor so I nipped round after work to check I'd done everything right (well I really wanted him to be aware of what Dad had done, but...) It didn't happen again Quote Link to comment Share on other sites More sharing options...
sunnyday Posted December 23, 2009 Share Posted December 23, 2009 Even if there are Child Protection concerns unless there is a court order preventing the person from contact then legally the setting can not refuse. Absolutely......... However, I know that I would move 'heaven and earth' to try and prevent a child being collected by a parent in that situation.... On the other side is the unfortunate fact that this parent may just be being vindictive, in which case a "I will ring the Safeguarding Team for advice" may just put an end to the problem......... Quote Link to comment Share on other sites More sharing options...
Marion Posted December 23, 2009 Share Posted December 23, 2009 (edited) I have been in that situation and was told in no uncertain terms by the police I had no right to prevent the child leaving with the person. It was also made very clear by Social Services that I should not be questioning the person's right in collecting their own child when I contacted them on the advice of the safeguarding team. Edited December 23, 2009 by Marion Quote Link to comment Share on other sites More sharing options...
sunnyday Posted December 23, 2009 Share Posted December 23, 2009 I have been in that situation and was told in no uncertain terms by the police I had no right to prevent the child leaving with the person Fair enough! Quote Link to comment Share on other sites More sharing options...
sunnyday Posted December 23, 2009 Share Posted December 23, 2009 I have been in that situation and was told in no uncertain terms by the police I had no right to prevent the child leaving with the person.It was also made very clear by Social Services that I should not be questioning the person's right in collecting their own child when I contacted them on the advice of the safeguarding team. Just read your edit......that makes it all very clear and provides practitioners with an 'argument' to present to parents Quote Link to comment Share on other sites More sharing options...
Marion Posted December 23, 2009 Share Posted December 23, 2009 I was actually in this position a couple of weeks ago. Initially asked by Social Care Direct if we could "hold onto" the child then informed half an hour later by Social Services we had no right to do so Quote Link to comment Share on other sites More sharing options...
lynned55 Posted December 23, 2009 Share Posted December 23, 2009 On the other side is the unfortunate fact that this parent may just be being vindictive, in which case a "I will ring the Safeguarding Team for advice" may just put an end to the problem......... My SIL told her childrens school that her childrens father wasn't allowed to see them for a while. Which was a load of rubbish, they were arguing over money and access so this was her way of getting back at him. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.