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You are the Judge...



The Large One

Who's Next?
Jul 7, 2003
52,343
97.2FM
A woman is in a long term relationship, unmarried relationship with Man A. After seven years, they split and very soon after, in fact, almost straight away, she meets up with Man B.

They are very happy together and almost immediately she becomes pregnant, and nine months later, gives birth to a baby boy. Two years after the boy is born, they split (she didn't get married to Man B either), but agree terms for maintenance and visiting rights for the father.

Not long after, she realises that her son looks more like Man A than Man B, and, after tests, it is established that Man A is in fact the father. She lets him know his fact, but he says he is not interested in the son. Man B, however, is keen to retain contact, even though he is not father, in fact insisting that the son calls him 'Daddy'. All the while she is trying to get Man A to take some responsibilty, it is established that he (Man A) is with another woman, who has a son (although he is not the father to this boy), born four weeks after his own son - and with whom he preferes to be a father to.

With me so far?

The woman, who did not marry Man B, and does not want anything to do with him any more, and with whom they do not share children, wants to move away - about 150 miles or so - and start a new life and new career. Man B is contesting this.

The woman is a good mother, with her son's best interests at heart. Man A (the father) doesn't want to know the son, and Man B, who has a few quid, insists that the son is with him.

The case has cost £250,000 so far.

You are the judge - what woud you do?




I'll tell you what actually happened later.
 








Woodchip

It's all about the bikes
Aug 28, 2004
14,460
Shaky Town, NZ
Bank their bloody heads together.

Probably the CSA would try to collar Man A for back payments (probably 1/4 of Man B's payments), and Man B gets no visitation rights so the child grows up without a father figure. The CSA always has thew childs intrests at heart.
 


Icy Gull

Back on the rollercoaster
Jul 5, 2003
72,015
Man A is ordered to pay/take over maintenance whilst man b is told to sling his hook.

Not what I'd suggest as the judge but my opinion on the outcome
 




tedebear

Legal Alien
NSC Patron
Jul 7, 2003
17,117
In my computer
hmmm he's not old enough to chose yet then....

If I were the judge I'd tell her not to move so far away, and to let Man B get visitation...but not pay maintenance...poor kid thinks thats his Dad so it should continue that way....I guess? Very difficult one...
 




Barrel of Fun

Abort, retry, fail
Legally I would imagine that Man B has no entitlement to see his unofficially adopted son. Ev nif the maintenance and visiting rights have been agreed, they would surely be void as it would refer to him as the natural father.

Maintenance should be ordered from Man A as he is the natural father.

If it was up to me - I would grant access to Man B as both parties (Woman and Man B) were happy with that arrangement and presumably the young boy sees him as a father figure. I imagine he is not old enough to understand what is going on (although that is not specified). I would order maintenance from Man A, as he is the natural father and duty bound to provide for his son.

I would also question if this woman is a good mother - every child needs a father and she has a man willing to act as a 'stepfather', but she is shunning him.
 






Uncle Spielberg

Well-known member
Jul 6, 2003
43,098
Lancing
Man A is required to make maintenance payments by law, Man B has done nothing wrong as far as I can see
 


Billy the Fish

Technocrat
Oct 18, 2005
17,594
Haywards Heath
I would say let Man B carry on as the father, if he chooses this then Man A shouldn't be chased for maintenance and he should pay his way. If he decides to wash his hands of the whole thing then Man A should pay maintenance. This has to be a one time, binding decision. I'm sure the outcome was very different
 




Freddie Goodwin.

Well-known member
Mar 31, 2007
7,186
Brighton
Chances are she may meet a Man C asnd, hopefully, this will be a lasting relationship and possibly a new family.

Man B has no claim on her or Son and, hard though it may be for him, he should let her go and maybe stay in some sort of distant, supportive, family friend.

Man should should contribute but he has not aware that the child was his for some considerable time and his circumstances have changed. If he had known of his obligation beforehand then he may have made different choices, but you can't turn back time.

£250k wasted, just a 10th of this would have been money well spent for the benefit of the child who, at 5 years old, still has time to survived without being too scarred.
 








Easy 10

Brain dead MUG SHEEP
Jul 5, 2003
62,426
Location Location
The mother contacts Man A and Man B. They all meet at a discreet B&B just outside Littlehampton. The mother adorns herself in a turkish bellydancer outfit, and gets on all fours. Man A proceeds to insert his manhood into the mothers oral orifice. Man B batters down her brown doors and paints them white. Man C (the desk clerk at the B&B) then enters the room at this point and begins constructing a 1:72 scale model of the Royal Albert Hall out of cocktail sticks.

In conclusion, the child is taken into care whilst the mother and Man A, B and C join a travelling gypsy convoy and end up on a campsite in Belgium.
 


Hiney

Super Moderator
Helpful Moderator
Jul 5, 2003
19,396
Penrose, Cornwall
The mother contacts Man A and Man B. They all meet at a discreet B&B just outside Littlehampton. The mother adorns herself in a turkish bellydancer outfit, and gets on all fours. Man A proceeds to insert his manhood into the mothers oral orifice. Man B batters down her brown doors and paints them white. Man C (the desk clerk at the B&B) then enters the room at this point and begins constructing a 1:72 scale model of the Royal Albert Hall out of cocktail sticks.

In conclusion, the child is taken into care whilst the mother and Man A, B and C join a travelling gypsy convoy and end up on a campsite in Belgium.

Case closed Your Honour

:thumbsup:
 


Man A should pay some maintenance to the woman only for the child, perhaps £35 per week, not more than £50.

Man B is just an ex-boyfriend, and his claims on any attachment are void. He is not the father, not a spouse, just an ex-boyfriend. No charge, no rights either.

What I imagine ACTUALLY happened, is that Man B is given full rights as a father, and charged accordingly. He should then have been given a share of custody, one weekend per month, but no further visitation rights. Because the law is stupid, he is probably also ordered to pay her some sort of alimony to keep her as a non-working mother, which would be plain wrong.
 






urbanjim

New member
Oct 27, 2005
198
Dublin
The judge admit's he lost interest or hasn't been paying attention to the case.

Therefore another £250,000 will be spent doing a re trial.
 


Bevendean Hillbilly

New member
Sep 4, 2006
12,805
Nestling in green nowhere
Is man B named as the father on the birth certificate?

This is pretty messy, Man A has had nothing to do with his own kid, and is happily playing daddy with someone elses offspring (oh the delicious irony if man B turned out to be the biological father!), and Man B wants to have access to someone elses kid?.

Judgement of Solomon. Threaten to cut both kids in half.
 


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