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Recently my brother and his partner have split up due to a falut on my brothers behalf they have a 11 month old son and since splitting and his ex partner moving onto a new relationship she has stopped all our family members contact. As a aunty do I have any rights? And could my brother sign his parental responsibility over to me until he is on his feet ?
No he can't sign his responibility over to you. The only thing would be guardianship but in this case it does not apply. What did he do to mess up ?
He is a drug addict and is being charged with phyically abusing his ex I am not in anyway backing my brother he should be punished for what he did but why should the rest of our family ? When my nephew was 1st born his mum suffered with postnatel deppression and I looked after him 3/4 days/nyts a week then the 3 of them moved into my address till she was back on her feet at this point my brother had been clean for 11 months.
The laws are not about being fair. Its about the law. And that is where the lines are drawn. The one with the child makes the decisions. Courts tend to have the midset that the apple doesn't fall far from the tree. Its not fair but that's an assumption they make. So if he abused his child they have no idea about how things would be with other family members. So they award control to the primary parent. It had nothing to do with right and wrong or anything. The courts assume the best interest of the child. And in this case they leave it to the parent currently in control.Quote:
Originally Posted by itsallgo
He didn't abuse his child he would never hurt his son it was his ex partner he assulted. Nobody has been to court yet and its not over my nephew my brother is at court its for the assult. Would it be worth my while going to see a solicitor over visation rights ? I no an aunty doesn't have rights but I feel it's wrong I brought there son up for the first 6 month of his life and now she has taking him away from me and my family(not meaning my brother) because she has a new partner there must be something I can do!
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Originally Posted by itsallgo
Solicitor? You're in the UK, not the US?
In the US the Courts "assume" that if you put your hands on your partner you have the potential to put your hands on your child. You certainly can make an appointment with an attorney but the bottom line is - as the aunt you have NO rights whatsoever and that visit with that attorney isn't going to change that, nor is that attorney going to be able to change the law.
The Court isn't going to believe he would "never" hurt his son when he's abused his partner.
The mother and father had equal rights - now it's her ballgame.
Yes I am in the uk and things must work different over here because a naighbour of mine got assulted by her partner and he got charged with it but was still granted unsupervised contact by the courts.
An assault on a partner doesn't necessarily mean supervised visitation. If the partner requests supervised visitation, then it's a possibility.
Perhaps I didn't make myself clear - it the assaulted person can make an argument that the person who assaulted him/her COULD be a danger to the child because of the possibility of physical or emotional injury, supervised visitation could be ordered.
Not automatic and must be requested.
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