Clinical and Employability Skills in Context
University of Bradford School of Law Advice Clinic:
‘Justice Bradford’
Mr Hubert
22 Acacia Avenue
Dear Mr Hubert.
Our advice to you
You came to see us on the 21st of December 2021. Your advisors were Andrew and
Emma. On the 22nd of December, we wrote to you explaining that we were able to
assist you with your legal problem. We now enclose our written advice to you.
What you told us – your legal problem
You started by saying that you and your wife, Halima, had been married for 6 years
before separating last autumn. You are the father of a four-year-old boy named
Tahir. The boy’s mother, Halima left the family home and relocated a few miles away
to live with her parents. Mr Hubert, you have been to see your son every week since
your separation. Whether it is at the family's house, Halima's parent’s home, or even
after school at the park as well as going out to eat with him and Halima. However,
you had an unfortunate altercation with Halima two weeks ago, and as a result, you
have not been able to see Tahir since then. You desperately want to visit your son,
but his mother will not let you because she ignores your calls and texts.
You and your partner split up because you had a severe gambling addiction that
caused you to have bad mood swings and depression as a result of losing money
through gambling. You have revealed to us that due to your depression, there were
days when you did not want to leave your bed. You have also been fractious and
bad tempered through this time.
Halima unexpectedly paid a visit to the residence you used to share a few weeks
ago to speak with you but found it in a state of disarray. Since you admitted to not
cleaning it for weeks and leaving it 'in a tip'. She discovered and read a letter from
, Clinical and Employability Skills in Context
the bank threatening to repossess the property because you have failed to keep up
with your mortgage payments. She yelled at you, and a fight ensued. As a result, you
lost your temper and threw a cup of tea towards the wall, smashing it and spilling it
all over the place.
Halima declared that the marriage between you two was certainly ended and left the
house. You have stated that you have never been violent with your wife Halima or
your son Tahir, and that you have never even threatened them. You are desperate to
visit your son because you and him have a great relationship. That is why you have
asked Halima and members of her family in the neighbourhood to aid you in seeing
your child on a regular basis. You did, however, receive a text from Halima stating
that your relationship was ended and that she would not allow you to visit your son
until she felt you deserved it and had cleaned up your act.
As a result of all of this, you would like to see if you are able to make an application
to a court allowing you to see your son Tahir.
Our advice to you – the legal position
You have told us that your partner Halima will not let you see your son. However,
because the son was born into a marriage 1, you, as the father, are automatically
accountable for him as you have a parental responsibility to the child. As a result, a
married father's rights over his child includes the ability to make judgments about
legal issues, as well as education, health and welfare, and religious issues.
However, your spouse bears the same duties as you. Since the child is currently
residing with her, she is responsible for making basic day-to-day arrangements, such
as dropping him off or picking him up from school; nevertheless, this should not
prevent your son from visiting you. The law, on the other hand, stipulates that a
mother cannot prevent a father from seeing his child for any reason until the court
mandates it2. However, if the child is afraid of seeing the father because of abuse or
1
Raydensolicitorscouk, 'FATHERS’ RIGHTS – BIRTH CERTIFICATES & PARENTAL
RESPONSIBILITY' (Rayden Solicitors, 17 June 2021)
<https://raydensolicitors.co.uk/blog/fathers-rights-birth-certificates-parental-responsibility/> accessed 30
December 2021
2
Kabirfamilylawcouk, 'HOW CAN I STOP A FATHER SEEING HIS CHILD?' (Kabir family Law, 2021)
<https://www.kabirfamilylaw.co.uk/how-can-i-stop-a-father-seeing-his-child/ > accessed 30 December 2021
University of Bradford School of Law Advice Clinic:
‘Justice Bradford’
Mr Hubert
22 Acacia Avenue
Dear Mr Hubert.
Our advice to you
You came to see us on the 21st of December 2021. Your advisors were Andrew and
Emma. On the 22nd of December, we wrote to you explaining that we were able to
assist you with your legal problem. We now enclose our written advice to you.
What you told us – your legal problem
You started by saying that you and your wife, Halima, had been married for 6 years
before separating last autumn. You are the father of a four-year-old boy named
Tahir. The boy’s mother, Halima left the family home and relocated a few miles away
to live with her parents. Mr Hubert, you have been to see your son every week since
your separation. Whether it is at the family's house, Halima's parent’s home, or even
after school at the park as well as going out to eat with him and Halima. However,
you had an unfortunate altercation with Halima two weeks ago, and as a result, you
have not been able to see Tahir since then. You desperately want to visit your son,
but his mother will not let you because she ignores your calls and texts.
You and your partner split up because you had a severe gambling addiction that
caused you to have bad mood swings and depression as a result of losing money
through gambling. You have revealed to us that due to your depression, there were
days when you did not want to leave your bed. You have also been fractious and
bad tempered through this time.
Halima unexpectedly paid a visit to the residence you used to share a few weeks
ago to speak with you but found it in a state of disarray. Since you admitted to not
cleaning it for weeks and leaving it 'in a tip'. She discovered and read a letter from
, Clinical and Employability Skills in Context
the bank threatening to repossess the property because you have failed to keep up
with your mortgage payments. She yelled at you, and a fight ensued. As a result, you
lost your temper and threw a cup of tea towards the wall, smashing it and spilling it
all over the place.
Halima declared that the marriage between you two was certainly ended and left the
house. You have stated that you have never been violent with your wife Halima or
your son Tahir, and that you have never even threatened them. You are desperate to
visit your son because you and him have a great relationship. That is why you have
asked Halima and members of her family in the neighbourhood to aid you in seeing
your child on a regular basis. You did, however, receive a text from Halima stating
that your relationship was ended and that she would not allow you to visit your son
until she felt you deserved it and had cleaned up your act.
As a result of all of this, you would like to see if you are able to make an application
to a court allowing you to see your son Tahir.
Our advice to you – the legal position
You have told us that your partner Halima will not let you see your son. However,
because the son was born into a marriage 1, you, as the father, are automatically
accountable for him as you have a parental responsibility to the child. As a result, a
married father's rights over his child includes the ability to make judgments about
legal issues, as well as education, health and welfare, and religious issues.
However, your spouse bears the same duties as you. Since the child is currently
residing with her, she is responsible for making basic day-to-day arrangements, such
as dropping him off or picking him up from school; nevertheless, this should not
prevent your son from visiting you. The law, on the other hand, stipulates that a
mother cannot prevent a father from seeing his child for any reason until the court
mandates it2. However, if the child is afraid of seeing the father because of abuse or
1
Raydensolicitorscouk, 'FATHERS’ RIGHTS – BIRTH CERTIFICATES & PARENTAL
RESPONSIBILITY' (Rayden Solicitors, 17 June 2021)
<https://raydensolicitors.co.uk/blog/fathers-rights-birth-certificates-parental-responsibility/> accessed 30
December 2021
2
Kabirfamilylawcouk, 'HOW CAN I STOP A FATHER SEEING HIS CHILD?' (Kabir family Law, 2021)
<https://www.kabirfamilylaw.co.uk/how-can-i-stop-a-father-seeing-his-child/ > accessed 30 December 2021
