• TV
  • MOVIES
  • MUSIC
  • SHOWBIZ
  • SOAPS
  • GAMING
  • TECH
  • FORUMS
  • Follow
    • Follow
    • facebook
    • twitter
    • google+
    • instagram
    • youtube
Hearst Corporation
  • TV
  • MOVIES
  • MUSIC
  • SHOWBIZ
  • SOAPS
  • GAMING
  • TECH
  • FORUMS
Forums
  • Register
  • Login
  • Forums
  • TV
  • Soaps
How has Janine got full control over Scarlett ?
<<
<
2 of 2
>>
>
kitkat1971
15-10-2013
Originally Posted by SegaGamer:
“What if he just decided to just not give Scarlett up to Janine at the time ? I know basically nothing about legal fees so if they went to court and Michael didn't have a lawyer would he still need to pay money in some way ? Also what if he didn't want to go to court, would Janine win just like that ? It doesn't seem like a fair way to win a battle in court, the one with more money wins just because the other hasn't got enough money to defend themself.”

I'm very sorry to hear what happened to you. I don't know personally of anything quite that bad but it is certainly true that the majority of my friends have had custody issues after divorce, the man has certainly come off worse re access to the children (no mater what the 'moral' rights and wrongs of the split - ie adultery or similar with very limited contact whilst still paying high child support. It is still unfairly weighted to the mother and sadly, a few of my male friends have ended up pretty much giving up and accepting the scraps they are offered due to the pain and trauma involved - noth emotional and financial and also the worry it is doing the children more harm than goos.
elliecat
15-10-2013
Originally Posted by Demizdeeroolz:
“Janine wouldn't be able to change Scarlett's surname, no matter how deep her pockets.”

Yes she would, she just has to go to court and prove that Michael can't be bothered with Scarlett and that changing the name to Butcher is in the interest of the child. And as Michael is only interested in Scarlett because he can get to Janine and her money it won't be that hard to do with the Lawyers she can afford.
kitkat1971
15-10-2013
Originally Posted by Demizdeeroolz:
“Janine wouldn't be able to change Scarlett's surname, no matter how deep her pockets.”

It really does depend on whether he actually signed anything giving up parental responsibility when he 'gave up' going for sole custody and allowed Janine to have her full time at the house. If he did sign something, then he'd have a hard time stopping her changing her name - especially if the divorce is going through and Janine makes a case for her child having the same name as her rather than her 'absentee' father. Pat had both David and Simon's names changed to Wicks after her divorce from Pete Beale. I also had several school friends who had their names changed from their biological father's to their mothers second husbands to keep family 'unity' for those sharing a house.
Demizdeeroolz
21-10-2013
Originally Posted by kitkat1971:
“It really does depend on whether he actually signed anything giving up parental responsibility when he 'gave up' going for sole custody and allowed Janine to have her full time at the house. If he did sign something, then he'd have a hard time stopping her changing her name - especially if the divorce is going through and Janine makes a case for her child having the same name as her rather than her 'absentee' father. Pat had both David and Simon's names changed to Wicks after her divorce from Pete Beale. I also had several school friends who had their names changed from their biological father's to their mothers second husbands to keep family 'unity' for those sharing a house.”

The law changed in 2003 even unmarried fathers who are named on the birth certificate automatically have parental responsibility. As Janine an Michael were married she wouldn't be able to officially change Scarlett's surname without his permission.
Anyone can be known by a different surname but Janine seemed to have legally changed her surname which can't happen without the father's consent.
I have a residency order for my daughter but her name couldn't be changed without her father's permission until she reached 16.
Demizdeeroolz
21-10-2013
Originally Posted by elliecat:
“Yes she would, she just has to go to court and prove that Michael can't be bothered with Scarlett and that changing the name to Butcher is in the interest of the child. And as Michael is only interested in Scarlett because he can get to Janine and her money it won't be that hard to do with the Lawyers she can afford.”

In soapland maybe but not in real life.
loco_loca
21-10-2013
Originally Posted by bass55:
“The fact is, whether she left for 8 months or whatever she is still Scarlett's mother, and in the vast majority of cases custody is granted to the mother.”

Because in most cases the mother is the primary care giver. In this situation the baby would have formed an attachment with Michael, in addition to that Janine displayed signs of being an unfit mother by running away. Her getting custody is unrealistic.
Chihiro94
21-10-2013
Originally Posted by Demizdeeroolz:
“In soapland maybe but not in real life.”

Had a quick look at the deedpoll website, and she probaly could if she had sole custody and he had no contact/didn't contribute.
Amazee-Dayzee
21-10-2013
Speaking of Janine and Michael, are they still married or is she set to become a widow for the third time?
SegaGamer
21-10-2013
Originally Posted by kitkat1971:
“I'm not an expert in family law myself but generally the assumption is that if you have been called to Court for a hearing, even if a private one so someone chasing a debt, a custody hearing etc, and just don't attend, you are conceding your case and the Judge will automatically find against you - hence if Michael didn't turn up Janine would be awarded full cusody.
If he turned up and represented himself, opposing counsel would tie him up in knots, referring to the way he bullied her on the day of the wedding re the pre nup, perhaps suggesting it brought on labour, his lack of support when they were bot in the Hospital, the fact he immediately started spending her money - all sorts of things. Chances are he'd lose his temper and then they'd probably find against him.
There is no reason for someone to appear unrepresented (that is why we have legal aid) but the criteria is very strict and te perception is you get what you pay for and legal aid lawyers will be inferior to 'private' ones.”

Actually that explains alot, thanks.
<<
<
2 of 2
>>
>
VIEW DESKTOP SITE TOP

JOIN US HERE

  • Facebook
  • Twitter

Hearst Corporation

Hearst Corporation

DIGITAL SPY, PART OF THE HEARST UK ENTERTAINMENT NETWORK

© 2015 Hearst Magazines UK is the trading name of the National Magazine Company Ltd, 72 Broadwick Street, London, W1F 9EP. Registered in England 112955. All rights reserved.

  • Terms & Conditions
  • Privacy Policy
  • Cookie Policy
  • Complaints
  • Site Map