how do i have my back covered

[tendaitawenga]

hey. i am a foreign national and have been a student from 2007.
i have a 14 months old son with a british father. him and i are not together but he is in his sons life. he does help me out and so does his family.
my visa expires next year in january. i intended to return to my country in august this year to return to my job.
however my sons father has on many occasions said he will not allow me to take his son from the uk. he is o n the birth certificate and my son has a british passport.
he has on several occassions also hinted that he will not give his consent for me to travel with our son.
i have tried to reason with him and gone as far as stating that i will send my son to the uk on holiday and at the momment he needs to be with me as he is still young.
once i suggested this he was quick to agree to this. however after speaking to his cousin she hinted that in the event of my son coming over to see him i will never see him again, as the father plans not to send him back. he is claiming that i am taking his son away from his nan and family here in the uk.
i called him and suggested that once my son comes to visit he wil be living with my sister , brother or cousins and not with him. he was so furious and said no to that. this made me realise even more that he had no intention of sending my son back to me and given the fact that i will not be in the uk, i will not be able to fight for my child.

this greatly worries me and i have been trying to come up with different solutions to my problem.

i have come up with a few options:

a. leaving the country without his knowledge altho i fear that this may amount to child abduction and i could end up loosing my baby. so i am thinking not!

b. going ahead with moving back to my country after i have a signed agreement with the father clearly stating that he will always send him back.however i am worried that he will not agree to this.

c. applying for extension of my visa before i leave the uk for longer than a period of one year such that when i leave i will stil be able to accompany my son when he visits.

d. going to court for some kind of solution.

please advise me.
thx

[John]

Whilst there are clearly immigration-related issues here your query is mostly one of Family Law, really outside the scope of this board.

I suggest it would be helpful for you to get advice from a Family Law solicitor, or even to seek advice from your local Citizens Advice Bureau.

As regards immigration-related issues, has your child also got Citizenship of your country? If yes, have you got your child a passport from your country's embassy or consulate?

Also, when your studies end, what do you intend to do next? Are you intending to stay in the UK? Do you appreciate that your British Citizen child may assist you in that process?

[tendaitawenga]

Thanks john. Yes I have been to The citizens advice bureau and I have been told that as the father is on our sons birth certificate he has parental rights and can therefore not give consent if he chooses not to. I have been in contact with a family law solicitor and have an appointment set with him. I have also been trying to do a lot of research .
my studies ended in july and I really want to return home as I have a job to return to. I had planned to leave at the end of august this year but now considering changing or cancelling my ticket so as to deal with this situation.

for my son to get a passport from my country I will have to apply through the embassy. In the uk.

[John]

tendaitawenga, it is not clear to me, if you could do you want to continue to live in the UK? Or is it the case that you would prefer to return to live in your country, and in future just visit the UK?

[tendaitawenga]

John, yes I do prefer to go to my country with my son. And yes I do intend to return to the. UK especially with my son when he comes over to see his dad nan and auntie