Unmarried parents – legal rights (Part one)
47.6% of children born in the UK in 2016 were born outside marriage or civil partnership (Office for National Statistics statistical bulletin 19th July 2017), yet many unmarried parents do not understand the implication that this has on their legal relationship with their child or their financial obligations.
Today we will consider unmarried parents’ legal relationship with their children and tomorrow we will move on to consider the financial obligations.
For most parents, it is important that they have parental responsibility for their child. If you hold parental responsibility for a child you have a responsibility for that child’s wellbeing. In order to fulfil this responsibility, you have the right to make legal decisions for that child, including decisions relating to their education, religion, medical treatment and name. So, for unmarried couples with children, do both parents always have parental responsibility? Here are the facts:
The best thing to do if you want to ensure that you have parental responsibility for your child is to register the birth with the mother. It is generally accepted that it is better for a child’s long term identity and emotional health for both parents to be named on their birth certificate.
It is of note that when parents are married, either parent can register the birth without the other present. In order for a mother to include a father’s details on the birth certificate when he is not present at the registration, or for an unmarried father to register the birth without the mother present, the parent who is not present at the registration must make a statutory declaration.
The short answer is, yes. If the parents cannot agree arrangements for the child, an unmarried father can make an application to the court for a child arrangements in the same way that a married father can. If an unmarried father does not have parental responsibility, an application should also be made for a parental responsibility order.
You should be aware that when a father does not have parental responsibility, the mother does not have to consult with him when making decisions for a child or when removing the child from the jurisdiction (taking them outside England and Wales, whether on a temporary or permanent basis). If you are unsure as to whether you have parental responsibility for your child it is vital that you seek specialist family law advice and, if necessary, take steps to obtain parental responsibility.
Tomorrow we’ll publish part two of this blog on unmarried parents’ legal rights and look at the issue of finances.
This blog was originally written by Lauren Guy. For a consultation with a member of our specialist family law team please contact us.
Needed a bit of help the father to my son his saying he is not bringing him back to me don’t know Wat I can do as we have nothing in play with custody needing asvise
Thank you for your comment Samantha. Regardless of whether you have a formal order in place, if your son usually lives with you and you receive child benefit for him then you have the presumption of residence. If your son’s father will not return him then you should take urgent legal advice about making an application for a specific issue order for your son to be returned to your care and a child arrangements order formalising the time he spends with each parent.
Hi, I wanted to know my rights as an unmarried mother, willing to take my child abroad to escape an abusive and hostile environment from my partner. My child bare the surname of his father. He is constantly threatening me, being verbally abusive in front of my baby and act aggressively, and asking me to leave without my child.
What would be the best thing to do ?
I strongly urge you to take urgent legal advice about your situation. A family solicitor will be able to advise you and support you in leaving your partner in a safe way. If your partner has parental responsibility for the child then you would be committing a criminal offence if you take your child out of the jurisdiction of England and Wales without the father?s consent
Hay I have 2 children same dad for both boys name Is on both birth certificates, we split 3 years ago and he has taken them every weekend since, other then that hes turned very bitter and has reported me to social services with false accusations which was cleared haven me arrested and is trying to take me to court to get full custody for both children as I have asked for some extra support with my youngest son who has behaviour issues. I’m just seeing where this could go as this is really emotionally draining me and my anxiety goes from 0 to 100 in seconds when he makes threats about my children and myself
Dear Shirley – it is important that you seek legal advice from a Resolution specialist. We are unable to provide specific advice in this forum.
Hello I have a five year old daughter and have raised her on my own the farther is on the birth certificate and we where never married .he hasn’t seen her sense she was two months old and she obviously doesn’t remember him at all .he also staying In France so he isn’t even in the same country. And has never arrange any form of custody or child support. If he ever was to come back into her life would he have and rights ?
Thank you for your comment Megan. If your daughter’s father wanted to come back into her life in the future and you did not agree, he could make an application at court. The court would need to decide what was in your daughter’s best interests at the time. Her father’s lack of interest in her to date would be a significant factor for the court to consider.
Hi, I?m having some trouble at home with my mum not giving me my birth certificate and she?s saying that she has to be with me to get a new one so Can my dad come with me to get my birth certificate if my parents wasn?t married?
Thank you for your comment Danielle. Birth certificates are public record, so you may want to ask your dad to apply for a copy of yours using the following link: https://www.gov.uk/order-copy-birth-death-marriage-certificate
I need help on 2 get full custody of my daughter cause I know the mother can’t cope now having 3 kids around & she needs 2 get help from family members & not her daughter’s dad’s help then plz
Many thanks cheers
From Mr Mike Bulmer
Thank you for your comment Mike. If you require tailored legal advice please contact our office and we will be happy to arrange an initial appointment for you: 01273 646900
I’m a dad with my 11 year old son living with me for the last 4 years after his mother dropped him at my door 4 years ago because she couldn’t cope. He is a model son now and his mom has him 4 days a month. Its 2 weeks before he starts highschool an she is refusing to let him come back to me as she wants him. What do I do im at my wits end. Help
Thank you for your comment Matthew. You should contact the office and make an initial appointment so that we can discuss whether it would be appropriate for you to make an urgent application to court for your child’s return.
Hi Lauren – at the time of the birth of my daughter I was still married to my ex husband (we broke up a long time ago but the divorce dragged). My partner (my daughter?s father)?s name is on the birth certificate, we registered her together. We are trying to register her in the Netherlands as we have moved here but am being told there is a legal presumption my ex is her dad as we were married at the time of birth, regardless of what the birth certificate says! The Dutch authorities are asking for a uk statutory admission of parental rights from my partner – do you know how we go about getting this document? I can?t find much on Gov.uk
Thank you for your comment Nicola. There is a presumption in law that a husband is the father of a child born to the wife during the marriage. Often, the child’s birth certificate which states otherwise is sufficient to rebut this presumption, but it seems that the Dutch authorities are not satisfied by this. A solicitor will be able to draw up a short statutory declaration for you and your ex-husband to swear in the presence of (a different solicitor). If you contact the office we would be happy to assist.
I currently live with my partner (unmarried) and our relationship is rocky at best, he keeps threatening if we break up that he will take our daughter to Poland and is trying to get her dual citizenship. I’m worried if we break up, he’s mentally abusive, although he thinks hes not and that i take things the wrong way, but according to close friends hes very controlling. Anyway, he is on the birth certificate so I know he has parental responsibility, but if he does manage to get her dual nationality and a Polish passport, where do I stand in keeping her in the UK. I have said she stays with me, I own the house we live in, he lives here and just pays utility bills, so if he left he would have to find somewhere to rent anyway, but I’m worried if he had her for the day that I’d never get her back and she would be “shipped” to Poland as soon as I close the front door! It is the one thing that is keeping me with him at the moment and I’m putting up with the emotional and verbal abuse just to keep her with me.
I have a lot of friends and my best friend is a male who I have been friends with for 16 years… 12 years before I even met my partner!, and I’m constantly accused of cheating. I’m not allowed to wear make-up if I go to lunch with my friend and if I do he gets verbally abusive enough to upset me and make me cancel. He told me I am giving our baby cancer by heating up food in the microwave, asked questions if I wear make-up when going to see friends. If we fight he will take all the money out of the joint account and says he will sell our 2nd vehicle to leave me with no transport. I’ve said I don’t care about the money… take all of it. I don’t care about the car, sell it… I’ll buy my own one, so as these threats are no longer working he’s now using our daughter as a threat for me keeping him around.
Thank you for your comment Claire. I recommend that you consult with a specialist family solicitor so that you consider how to safely end your relationship, if this is what you want. Your partner would be committing a criminal offence if he took your daughter to Poland without your consent, but there are orders that the family court can make which are designed to prevent this from happening.
Hello I currently live with my gf and 10 month old son. My gf wants to add her surname to our sons name aswell as already having my last name. What reasons could she have that would give her more control over our son thanks
Dear Neil, thank you for getting in touch. Adding your girlfriend’s surname to your son’s name will not automatically mean that she has more control over your son. You may find this factsheet helpful https://www.familylawpartners.co.uk/wp-content/uploads/2021/03/FLP_Factsheet_-_Parental_Responsibility.pdf
Hi, my little girl lives with me and sees her dad 2 nights a week. He is advising that he gets the right to say which school out girl goes to and unless he agrees I am not allowed to put her in a school unless we both agree (not sure this will happen). He is also saying with descisions about school and where she lives he has a say. But he wants her in a school by him and that?s not ideal for me as she lives with me. What are my rights in these sort of decisions?
Hi I have got job offer abroad and want to move there with my son, but my sons father whom I am not married to but followed me to register the birthcertificate is on the birthcertificate, and he doesnt want to move abroad with us, what is my options at this, how big is the chances for the mother to gain sole custody as an unmarried mother of the child
Thanks for your comment Delilah. You and your son’s father share parental for your son, so neither of you should remove your son from the jurisdiction of England and Wales without the other’s permission (whether permanently or for a holiday). If you wish to move abroad with your son and his father does not agree, you should make an application at court for permission to remove him from the jurisdiction. The court will make the decision based on what it deems is in the best interests of your son and will need to balance any benefits of the move for your son against the impact it will have on his relationship with his father. You will have to put forward a detailed proposal showing how the move will impact on your son, including how you propose to maintain his relationship with his father. I strongly recommend that you take specialist advice from a Resolution family lawyer about your situation.
Hi,
My ex partner wants to register the birth with me and keeps pushing me to let him take a paternity test. Due to the circumstances of the Corona virus, I have told him it is best ot hold fire until lockdown is over when it is safe to do so. I would like to register my daughters birth as a matter of urgency as i need this to sort put housing however he keeps pestering me about it and does not agree with the name. What are my rights in this situation as i really want to register her under my surname and a name i have picked.
Thank you for your comment Nihal. It not possible to register births in most areas of the UK at present due to the current pandemic. When registry offices do re-open, it is you decision whether to register the birth with the child’s father or on your own. If you chose to register the birth on your own, the father then can make an application to be added to the birth certificate. If you require a DNA test to confirm your child’s biological father then this could take place safely using a kit delivered to your respective homes and posted back to the laboratory.
Hello Quick Question, I recently came back abroad. After living in Czech for 3 years. But me and my partner had a daughter. Not married but I’m on the birth certificate. I’m not sure if she wants to move to England. But it’s hard to see her as she lives abroad. And I can’t just fly over every week. And I really would like a relationship with my daughter. As it’s important for the child I pay money for essential things every month. I’m just wondering what are my options. Seeing as I’m British my daughter has dual nationality. Thank you
Thank you for your comment Liam. You and your daughter’s mother should try to agree between you where your daughter should live and how much time she should spend with each parent. If you are unable to agree, then any dispute would be dealt with by the courts in the Czech Republic as your daughter is resident there.
Hi, I had a baby (born prematurely) with my boyfriend at the time. We stayed in hospital for a long time for my baby to get better but relationship with my boyfriend did not last. I have two other small children. Since coming home, my boyfriend has decided to keep my baby in his house and prevents me from seeing him. For the past 5 months I?ve only seen the baby few times. This is causing me to be depressed and I?m not getting any great help from social services. I want to make application to court for custody. I?m on benefits and want to know what I can do and apply for. Thank you
Hi Yvonne, I am sorry to hear that you are having such a difficult time. I encourage to you seek advice from a specialist lawyer as soon as possible. Unfortunately, there is not usually legal aid available for family cases but there is an exception if you are a victim of domestic abuse. Your boyfriend’s behaviour sounds controlling and I wonder whether this was a characteristic of your relationship. If so, you should explore whether you can produce the evidence required to qualify for legal aid. https://www.gov.uk/legal-aid/domestic-abuse-or-violence
Hi, I am an unmarried mother with the father of my child on the birth certificate so I know he has parental responsibility. I can prove physical domestic violence as he was arrested 3 years ago for assaulting me. I decided to give a chance and are still together. However the verbal and emotional abuse continues and I am now in therapy. This has given me the courage to want to leave and I have told him. He will not agree to our daughter living with me. I can also prove inappropriate behaviour which gives me further cause for concern. All of which was visable on our daughters iPad. I feel trapped, can I make arrangements for alternative accommodation for me and my daughter and leave?
Hi Lisa, thanks for your comment. Generally, you should consult with your daughters father before changing her residence and make an application to court if agreement can’t be reached between you. However, if your daughter’s father poses a risk to either of you this may not be appropriate and you may need to take urgent action without informing him first. I would need a lot more information about you and your family before I could properly assess the current risk to you and daughter and advise you as to an appropriate course of action. I urge you to get in touch with a specialist family lawyer so that you can get the right advice for your situation as soon as possible. I don’t know what your financial position is, but if you are financially eligible you may be access legal aid as a victim of domestic abuse.
Hi i?m a male in an emotional abusive relationship with the partner of my 2 young children.
She is continually threatening to kick me out of our family home. i am now fighting back( not physically) and telling her i?m leaving as i don?t want my kids to grow up in this toxic environment. She now threatens me with not ever being able to see my kids again and i will only be able to see them through a contact centre.
We are not married however my name is on their birth certificate. I worry she is right, so i continue to stay in a loveless and abusive relationship as i will sedona anything to be with my children can you advice me if she is correct and i would only have access to my children through a contact centre.
Hi Jim, thank you for your comment and I am sorry to hear you are having such a difficult time. If you were to decide to end your relationship and it was not possible to agree suitable arrangements for the children to spend time with you, then you should make an application to the court. The presumption is that it is in a child’s best interests to have a relationship with both parents. Contact centres are often used for interim arrangements if one parent is alleging that the other parent is a risk to a child. However, at a final hearing (when the court will consider the evidence relating to any allegations and find that the allegations are true or untrue) a final order for contact at a contact centre would only be made if the court felt that the parent in question poses a risk to the child.
It is important to remember that there can be a long term emotional impact on children if they are exposed to high levels of conflict or domestic abuse between their parents. I urge you to seek some support so that you can make the best decisions for you and your family. Men’s advice line – http://www.mensadviceline.org.uk/ ManKind Initiative – https://www.mankind.org.uk/ If I can assist further please do not hesitate to contact me.
Just a question,with family law? Dose the father have right if his name is on the birth certificate we’re not married and the child dose not have his surname.
Dose he still have the same right as the mother?
Thank you for your comment. All mother’s automatically have parental responsibility for their children. If you are not married and your child’s father is not named on his birth certificate he does not automatically have parental responsibility for your child. This means that you do not have an obligation to consult him on issues relating to your child’s welfare. He is however your child’s legal parent.
quick question.
both my partner and i share parental responsibility but i worry for the safty of my twins when i leave them with him!, he is a good dad on paper he provides for them but there have been time where iv seen him ignore, shout and even be some what nasty to them if they cry or wont be quiet! he is also verbally abusive to me always threaten to hit or take the girls away from me. I’m wanting to leave the relationship and have told him this but he keeps making me feel guilty for “splitting up the family” and using him for the things he does for us, we all live with my parents at the moment and when I tell him to leave he just don’t go or as I said before he mentally bullies me and telling me I will never see my baby’s again!
how would I go about getting full or sole custody or actually getting him to leave ?
Thanks for your comment Kirsty. I am sorry to hear about your situation. If you want to end the relationship there is support available to you, I suggest that you contact Women’s Aid in the first instance. It is also sensible to speak to a specialist family lawyer who is a member of Resolution. You mention that you are all living with your parents at the moment. If the property is owned or rented by your parents (rather than by you and your partner) then it is unlikely he has any right of residence. Would your parents support you in asking him to leave the property?
My partners x partner is taking him to court not to see his son or let him back in Scotland from England.
He pays weekly payments always has done. Looks after him through the holidays when she working .goes down and stays when she’s away with work .She sends him of to his uncles when she has no childcare .my partner was charged with domestic towards her but she was drunk and was always abusing him physical and verbaly and he wouldn’t hurt a fly he is such a loving person and is totally at his wits end with the stress and it’s causing problems with us .please advise
Thanks for your comment Freya. Your partner’s situation sounds complex and it is not possible for us to provide advice without having a meeting with him in order to properly understand the situation. I suggest that your partner seeks advice from a specialist family lawyer who is a member of Resolution.
Hi im having a baby and im not with the father and havnt been for awhile we was seeing each other for a short while until i found out i was pregnant he asked me to be his girlfriend but it only lasted a week when baby is born i want the baby to have my last name not his however if i put the father on the birth certificate can he then say then change the babys surname?
Thanks for your comment Jennifer. You can register your child’s birth on your own without the father and give the child your surname. Whilst the father will be your child’s legal parent, this means he won’t have parental responsibility for your child.
You should be aware that the father could apply for a declaration or parentage (which would add him to the birth certificate) or make an application for parental responsibility, for a child arrangements order to spend time with the child or for a specific issue order to change the child’s name. His chances of success in any application would depend on the circumstances at the time.
I have two children to an x partner we was never married, however he is on the birth certificate, he has not seen them for 4 years, I?m having a baby any day now and I?m getting married to my baby?s father, are my two children from the previous relationship able to take my husbands name?
Thank you for your comment Sarah. To legally change a child’s name every person with parental responsibility must consent, or permission must be sought from the court. I suggest that you seek specialist advice from a family law solicitor.
I am unmarried and my son’s father is not on his birth certificate. We are not together for over a year. My son turned 1 today. Is there a time limit that the father has to be put on the birth certificate? He has known that my son is his for over a year but has done nothing about it which I’m grateful. My problem is every time he wants to see me and I say no, he threatens to go to court and put his name on the certificate. Do I need to deal with this for 18 yrs or is there a time limit he has?
Thanks for your comment Tina. There is no time limit on your child’s father applying for a declaration of parentage at any time, which would update your son’s birth certificate. He can also make an application for a child arrangements order in respect of your son or for parental responsibility. You may wish to consider attending mediation.
Hi, Im a father and have parental responsibility of my child as per birth certificate. My partner is the main bread winner works 5/6 days each week.
I stay at home actively looking for work and going for interviews. I also take care of the child from the moment my partner leaves for work to when she comes back.
My partner constantly threatens me to leave the rented house (iam not on the rental agreement) as i am not contributing enough to the bills without considering my daily raising child cleaning the house etc.
Have i got some rights? Should i be recognise dor what i do?
N
Thank you for your comment. If you are not on the tenancy agreement and are not married, it is unlikely that you have any right to live at the property. You rightly identify that you have parental responsibility for your child as you are named on the birth certificate, so you and your partner have equal rights and responsibilities in respect of your child. A specialist family lawyer will be able to advise you and help you make the right decisions for your particular circumstances.
Hi,
My 10 year old son has lived with his father during the week for the last 2 years and he comes and stays with me every weekend, give or take a few that he may spend with his dad. Prior to that, he lived with me during the week and stayed with his dad at weekends.
His father and I are unmarried and have generally had a good relationship when co-parenting our son.
However when we do occasionally not get on, we have extremely explosive arguments where he constantly threatens to not let me see my son.
Since he has a much larger income than I do, I worry that he legally challenge my access to my son and not let me see him.
Where do I stand? Any help would be appreciated. Thanks
Thank you for your comment Harriet. It is positive that you and your son’s father generally have a positive co-parenting relationship, but I am sorry to hear that when you don’t get on your son’s father threatens to stop you seeing him. As a preventative measure, I would encourage you both to meet with a family consultant to discuss how you can best deal with conflict when it occurs in your co-parenting relationship. If your son’s father ever did obstruct your son spending time with you, I would recommend trying to resolve the issue in mediation. If this isn’t possible then you would need to issue an application for a child arrangements order at court.
I am not married to my ex who is the father of my baby. I didn?t put him on the birth certificate because he threatened to get full custody.Despite seeing him weekly he wants to take me to court when the time he already has he abuses by watching football on his phone or the tv, he almost dropped him in order to pick up a call. I have to be with my baby as he?s breastfed on demand and my baby?s dad doesn?t know how to care for him safely despite me trying to show him (but him not listening/thinking he knows best) he is very controlling and has been aggressive since Baby was born yet refuses to acknowledge this
Hi, my daughters father has brought up several small issues trying to say I’m not looking after her correctly and challenges me on a lot of things. She resides with me since he walk out when she was one years old. Eventually I got him to agree to regular contact and a schedule to keep consistent. He previously had an issue with drugs but I have no idea if he is involved now. He has a high paid job and I do not. Since I met met my partner and had another baby things have changed.. the challenge of my parenting etc… Then he met his partner and he now wants to have her more than he does which I don’t agree too. He wasn’t really interested the first few years of her life and now the party life style has died down he wants more control and contact. He also tries to say her health is suffering, I’ve been to the GP who said she is healthy. I believe he was emotionally abusive when we were together and my anxiety spirals when having to deal with him. Where do I stand? I’m scared he is going to try and fight for custody and I can’t afford a solicitor. Please help
If you or your daughter’s father do not believe that the current arrangements for your daughter are in her best interests, either of you can make an application for a child arrangements order. The court would then decide what arrangements are in your daughters best interests and can make an order that she lives with one parent and spends time with the other, or that she lives with both parents at defined times. Most people would like to be represented within proceedings, but unfortunately for financial reasons many parents have no option but to act as a litigant in person and manage the litigation without legal representation. There is little legal aid available for family cases; to be eligible you must be on a low income and able to prove that you are a victim of domestic abuse perpetrated by the other party. I encourage you to consider mediation, to try to resolve this issue between you for your daughter’s sake. You can find an accredited mediator in your area here.
hi
i am father of my daughter. we have done Islamic marriage and split up. now i want to take my daughter responsibilities but my partner haven’t register me on birth certificate. and she want to take daughter to abroad. whats the legal aid for me.
Hi Basit. This is a complex issue and you should seek urgent advice from a specialist family solicitor. Unfortunately, legal aid is not available in family cases unless you are a victim of domestic abuse perpetrated by the other party. You can find the eligibility requirements here.
If the father doesn?t turn up for the birth certificate signing and has been very unsupportive through the pregnancy and we aren?t together anymore…
I know he can apply for parental rights. I obviously believe he isn?t capable to look after the child. Could I disagree with his application to the court? Could I stop him getting rights/custody?
Thank you for your comment Emily. I am sorry to hear that you have not felt supported by your child’s father. As father, he can make an application at court in relation to your child, for example for parental responsibility and/or a child arrangements order for the child to spend time with him. If you can’t reach an agreement, the court will make the order that it believes is in your child’s best interests having considered the evidence. I suggest that you seek advice in relation to your particular circumstances from a specialist family lawyer.
My ex partner and I have a 3 month old baby, he?s not on the birth certificate but I allow him to have contact every week, he?s threatened me with court to get parental responsibility because I call all the shots and I don?t want his other children and family coming to see him (not yet) would the courts give him shared responsibility even though I allow contact every week? And would they order me to allow my baby to have contact with his other kids and family?
Thank you for your comment Kelly. The general principle is that it is in your child’s best interests to have a relationship with both parents, unless there is evidence that this would place a child at risk. The court will generally grant a father parental responsibility if he does not already have it. This gives the father the right to be consulted about decisions relating to the child’s health, education and welfare. The amount of time that a court orders a child should spend with a parent will depend on the individual circumstances of the case. I recommend that you seek advice from a specialist family lawyer about your situation.
I need some assistance. The father of my daughter is on the birth certificate (daughter is three) and I have done a 60/40 split with him. The problem is he is emotionally abusive and Im having trouble with evidence proving that. Example, I contact child support and when he got the letter he went crazy on the figure they stated (he earns a lot of money). Hes bombarding me with texts saying he will lose his house and be bankrupt because of me. I left his house after 6 years in a relationship with nothing (I worked hard on the family home and in rented accommodation and shared everything bought for our daughter. Hes threatening to take me to court and how he wants 50/50 of our daughter but its so he doesn’t have to pay anything. I’m worried he will get 50/50 for the wrong reasons and this will impact our daughter, shes only little.
Thank you for your comment, Harriet. If your partner does issue an application it would be for a child arrangements order. This is an order which specifies who a child is to live with and who they are to spend time, and when. The court would make the decision based on what they believe is in your child’s best interests. You should seek advice about your particular circumstances from a Resolution specialist family solicitor.
The father of my two daughters(8&3) is proposing for us to go to court for custody.we are no longer together,never married and his name is not even on their birth certificate.so m afraid he might win full custody as I hav already moved on living with onother man.
Thanks for your comment Rinah. If your child’s father made an application at court it would be for a child arrangements order. This is an order that specifies who a child lives with or spends time with, and when. As your child’s father is not on the birth certificate he does not have parental responsibility, but it does not sound like his paternity is in dispute so he is still a legal parent and entitled to make an application. The court will make a decision based on what is in the best interests of the children. You should seek advice from a specialist family solicitor about your specific circumstances.
My daughter father is on birth certificate, my home is in my sole name, i have child benefit, we are not married can my partener take my daughter without my consent had he made number of threats ??
You and your partner should seek to agree arrangements for your daughter and neither of you should attempt to impose a change to the status quo without the other’s agreement. I recommend that you seek advice from a specialist family lawyer about your situation, we would be happy to help.
I got pregnant for my boyfriend who is from the UK, while he was in an African country. I still live in an African country. He was happy at the time. But as soon as I delivered the baby he traveled back to the Uk and never saw the child. He has ignored all my messages and calls ever since. 6 years have passed since the child was born and the father has never been part of her life nor offered any type of financial support for the child. The father is married to another woman in the UK and has 4 other kids. At this point, I want two things. First, I need him to start supporting the education and welfare of our child. I am not financially well off. So, I am not in a financial position to give the child the best quality of life possible. But I think my baby deserves a better life than I can afford to give and have given for the past 6 years. Second, I need him to assist in getting the child legally registered as a British citizen, which she is by decent so that it will enable her to enjoy certain educational privileges and rights as a British citizen since I am not a British citizen and do not live in the UK with our child. I need solid advice on the options I have to achieve my objectives so that my child can have a better life.
1. In what ways can I compel the father of the child who lives in the UK to accept parental responsibility for our child and to start supporting the child’s education and welfare financially?
2. How can I get my child registered as a British citizen by virtue of the father’s nationality as a British, with or without the father’s help?
Thank you for your comment Jennifer. We are specialist family lawyers and are not able to assist with your citizenship enquiry. Both you and your child currently live outside of the UK, so the courts here to do not have jurisdiction over your child. You should contact a specialist family lawyer in your country.
Hi im not married with father of my child and hes not in his Birthcertficat so do i have right to see his family and his house for my child safry because he try to take my son out with me and i cant trust him as i really dont know about him because we had very short relationship between us
Thank you for your comment Mana. As your child’s father is not on his birth certificate he does not have parental responsibility for your child. He is however your child’s legal parent. It is generally considered important for children to have a relationship with both parents and to know their extended families, so long as it is safe for the child. I do not know enough about your situation to comment in this regard. If you and your child’s father cannot agree arrangements for him to spend time with your child, he has the right to make an application for a child arrangements order and/or a parental responsibility order. I recommend that you seek independent legal advice about your particular circumstances.
Thank you for your comment. As your child’s father is not on the birth certificate he does not automatically have parental responsibility. He is however your child’s legal parent. The general principle is that it is in your child?s best interests to have a relationship with both parents, unless there is evidence that this would place a child at risk. You say that you don’t know your child’s father well as it was a short relationship. I suggest that you meet with a family consultant or a mediator with your child’s father to try to establish trust between you so that your child can have both parents in their life moving forwards.
Hi me and my partner have split up and she is now saying she is gunna take my son to another part of the country can I stop that I have proof that the whole way through the relationship she was cheating and was finding reasons to end it so she could get with the new guy wich is what she has done now straight after we ended what can o do to make sure my son is not taken too far away
Thank you for your comment Kieran. I would encourage you and your child’s mother to discuss this issue in mediation. You do not say in your comment whether you are named on your child’s birth certificate; if so you have parental responsibility for your child and your child’s mother should consult with you about decisions such as changing your child’s school or doctors surgery. If you and your child’s mother cannot reach a consensus in mediation, you should discuss your options with a specialist family lawyer.
Hi there- please could you clarify whether parental responsibility includes right of custody/accommodation of the child? My ex partner is named on the birth certificate but has never shown any regard for our son?s financial or emotional care/upbringing, nor bothered to be there for when there have been medical emergencies or shown any concern after. The responsibility of providing for him financially and otherwise has only ever been with me even during our relationship- he refused to live together. However he?s now insisting on being able to see our son whenever he wishes and has refused outright to provide any financial contribution despite my agreement that he can send whatever he can afford as long as it?s a regular payment. My ex has a criminal record for possession of firearms and has numerous harassment orders from other women on him and was also having multiple physical relationships with other women throughout our relationship. Would he still have equal standing if he were to pursue custody of our son?
Your son?s father shares parental responsibility with you, so has the right to be involved in all decisions relating to health, education and welfare. If you and your son?s father cannot agree arrangements for your son between you, then he could make an application to court for an order that your son spends time with him. The court would then make a decision based upon what it thinks is the child?s best interests, but there is a presumption that it is good for a child to have both parents in their life. The court will need to assess whether or not it thinks that your son?s father poses a risk to him. You should be aware that financial disagreements between you and your son?s father are not considered relevant to the question of whether your child should spend time with him. You should contact the child maintenance service to make a claim for child maintenance.
Hi. Me and my daughter’s father have both names in my daughters birth certificate. The thing is we’re unmarried and not in good condition for almost 3 yrs. I’m planning to go abroad but I’m leaving my child with my current partner. Would that be able to work? Thanks
Thank you for your comment. As you and your daughter’s father are both named on the birth certificate you share parental responsibility for your daughter. You both have the right to be consulted when decisions need to be made about her education, health or welfare, including were she is going to live. You will also need to put a legal framework in place if a third party without parental responsibility is to care for your child. You should seek advice from a specialist family lawyer to discuss the framework that best suits you.
Hi! We are expecting a baby but we are not married. What will the last name of the baby?
Thank you for your comment. If you are unmarried, you and your partner should discuss and reach an agreement on your child’s surname before registering the birth.
My daughter has split from her boyfriend, they have a 20 month old and house together, he refuses to leave the house even though his parents have 3 spare rooms!! Can she force him to leave? His parents gave them ?10k deposit for their house and his reason for staying is he says he owns more of the house!
Thank you for your comment. If the home is owned in joint names then your daughter and her ex-partner both have the right to live there. The court would generally only remove this right if one party was a threat to the safety of the other. It is not unusual for separating couples to have to live together until the long term housing position can be resolved. I strongly recommend that your daughter seeks advice from a specialist family solicitor so that she can consider her options; if we can assist you further please do contact us.
Hi
My Son and his partner have 2-children and they are splitting up, both their names are on the mortgage but he had money given to him by ourselves and also owned 2-properties before they were living together. Because she has the children probably 75 per cent of the time due to him working does she automatically get the right to stay in the family home which will then mean he has to move out. Will she be entitled to half of the value of the family home even though as mentioned he had some inheritance money which was given to him whilst they were living together and 2-properties which were sold to enable him to buy the family home
Thank you for your comment Jacqueline. Unfortunately I am not able to provide specific advice over this forum as I would need a lot more information about your son’s circumstances before I could comment. If your son would like to get in contact with my office I would be happy to arrange an initial consultation so that he can obtain the advice he needs.
As my daughter (of 1 years) father signed the birth certificate with me, I understand he has parental responsibility. But out of curiosity, if anything was to happen to me that resulted in death, am I, the mother, able to able to pass on my parental responsibility to my parents (the grandparents), as I do not have full trust in the fathers or his families abilities to effectively raise my daughter. Would be great to get an understanding of a situation like this.
Thank you.
Thanks for your comment Poppy. There is no way for you to automatically pass your parental responsibility to your parents upon your death. If you are concerned that your daughter’s father cannot safely care for her if you were to pass away, you should appoint your parents as a Guardian in your Will and instruct your parents to make an application for an order that your daughter lives with them upon your death. Unless your child’s father agrees that she should live with your parents, the court would then decide what was in your daughter’s best interests.
Hi, I have been with my partner for just over 2 years, I feel pregnant very early on in the relationship and it was never my intentions to become a mother before finishing university but because my partner had suffered cancer and was told he couldn?t have kids again (he already has one child with a previous partner which he never sees) we took it as a blessing. But throughout the pregnancy he was abbusive and controlling, he never let me talk to my friends about how I felt and constantly checked my phone incase I had communication with people. Since the birth of my son things have only got worse, I do not want to be with him anymore, he is an absolute waste of a father. He sleeps in till 3pm on most of his days off, doesn?t help with my son at all and doesn?t even attend his doctors appotiments. The only time he gives our son attention is when we are arguing and I want to leave, he never lets me and threatens to take my son away from me. He since has carried on being manipulative and controlling, none of my friends or family like him as they see how much I have to do for our son and how little he does, and on top of this the way he speaks to me. I?m only with him in fear that he will take my son away from me, I need help and I need it fast in the descreat of manors, please give me any advice.
I am sorry to hear that you are in such a difficult situation Faith. I would recommend that you contact a support agency such as Women’s Aid straight away. You should also contact a specialist family solicitor in your area who is a member of Resolution, who will be able to advise on the steps you can take to separate, with the safety of you and your son at the centre of this process.
What rights do I have as a father with parental responsibility and who should I consult regarding my rights if I was to separate from my partner? We are an unmarried couple with a child and owing properties together. I look after the child whilst the partner is at work so I am the main carer. I would like to have equal rights in relation to my child and of course there are the legal issues around the properties own together. thank you.
Thank you for your comment Peter. As you and your partner share parental responsibility you each have an equal say in decisions relating to your child, including decisions relating to health education and welfare, such as where they should live. You should seek advice about your particular situation, including child arrangements and the jointly owned properties. Please contact me and I would be happy to assist you.
I have 2 children with my ex. He signed our first daughters birth certificate not our youngest. We have spit up and he has been given a harassment order. And told to stay away from my property.
He turned up with no arrangement today as our younger daughter has chicken pox. I refused him entry to my house had to call the police too.
He is threatening me with all sorts. He sees the girls, hasn?t paid for them since we split. Last time he had them he was threatening not to give them back. The last arrangement (only last weekend)he didn?t show up. After promising the girls a great day.
He sent a long message he doesn?t want to be involved.
Because he is their dad he feels he has right to show up to my house even though he has a harrasment order. Saying he is getting social services involved I said do it go ahead. I am sole carer for the girls and provider I don?t want him involved with them now because just caused upset and distress I can?t go through the drama every single time the threats the abuse the kids get effected.
Thank you for your comment Leanne. We are unable to provide specific advice on this forum, however I strongly recommend that you seek specialist legal advice about your situation. Please do contact me directly and I will be happy to assist you.
About 16 months ago, I separated from the father of my kids after he admitted to being a drug addict and a repetitve cheat since the beginning of our 12 years relationship. I allowed him to stay at home to help him stop taking drugs but our relationship became increasingly impossible to manage and eventually he moved out 4 months ago.
We jointly own a house, in which I live with my daughters, and 3 rental flats in a joint ownership contract. We are attempting to decide on our separation amicably but we don’t seem to see eye to eye.
So I have a few questions:
1) If I used money that I received as inheritance to help with our house renovations, can I claim this money back when we separate finances?
2) If I still live in our jointly owned house, should he still pay half of the mortgage? What happens if he doesn’t?
3) Should I have to pay half of his rent too?
4) Does the fact that he has maintained an unfaithful relationship and a drug addiction (using our joint money without my knowledge and thus agreement) affect his situation in this separation?
5) Is there any consequences regarding the law if he is still being an alcoholic and using drugs recreationally?
Thank you so much for helping me in this matter, it has been a roller coaster those past few months and I am trying to keep a positive relationship but I realise that I am clueless of where I stand in terms of the law. So thank you so much in advance.
Thank you for your comment Pauline. I am unable to provide specific advice in this forum as I would require more information about your situation first. I suggest that you contact the office to make an appointment with one of our specialist family solicitors.
Hi, I have a one year old daughter, her father is listed in birth certificate and it?s an emotional abuse relationship. One he slapped me but I decided to try again but emotional abuse didn?t end. I was thinking few time about living him but mostly I?m afraid that he would take our daughter. He said that he would do everything just so I can?t have her. I don?t want to go to court just yet but I would like to know how possible it is that he would get a full custody? I just can?t risk losing my daughter.
Hello Julia, thank you for your comment. It is really important that you seek legal advice regarding your specific situation. Please do get in touch if you would like to make an appointment so I can assist you.
My partner and I are separating and have lived in rented accomodation. We are unmarried and he is named on the birth certificate. Due to living arrangements I am having to move with my child into my parents house but due to my partner falling out with them he is now threatening to take my child from me even though he will live with his mother. Please could you advise?
I am sorry to hear you are going through a separation. You and your partner share parental responsibility and should agree arrangements for where your child should live and how often they should spend time with each of you. If you are struggling to reach an agreement directly between yourselves, you should try mediation. If you cannot agree, neither of you should enforce a unilateral decision and you would have to make an application to the court although this should be considered as a last resort. If I can assist further, please do contact me and we can arrange to meet.
Hi, have a child a few months old, bf broke up with me when he heard about pregnancy, he stayed in touch and has been supportive since the birth but he is very patronizing, comes over everyday, is trying to push me away, wants to be involved in everything, he has been disrespectful to my friends too. His name is on birth certificate. He earns way more than I do. If he applied what is the likelihood of the court granting him 50% custody and/or living arrangement that the child lives with him please?
Thank you for your comment. As your child’s father is named on the birth certificate you share parental responsibility with him. This means that you both have the right to be consulted on decisions relating to your child, including the time she spends with each parent, between you directly or using the mediation process. If you and your child’s father cannot agree, then legal action can sometimes be necessary. If the court is asked to decide child arrangements then they will look at what is the best interests of your child given the particular circumstances of your case. I suggest that you contact a specialist Resolution lawyer who can assist you.
Hi I’m separated from the mother of my daughter since 2 years. She is nearly 4 years old (July).
My family live far away (abroad). I’m alone and I manage to build a balance home for my daughter.
I have my daughter 3 nights a week for the moment. From Saturday 5.30pm until Tuesday morning. I’m self employed and my work requires me to be available after school and work time during the week and Saturday during the day.
My daughter will go to school in September and her mom wants to go back to work full time. She wants to have 2 full weekends a month . I can sacrifice Saturday (which is a massive sacrifice with work and drop incomes) but I can’t sacrifice time during the week or I will be unable to cover my life expenses.
Her mom says that I have to see my daughter 4 days a month and can look after her during the week sometimes. The problem is that I have to work after school and I have nobody to help me to look after her on evenings.
I can’t imagine having to see her 4 days a month from September and I have a very good relationship with my daughter, she get used to see me every week for 2 years.
I want to go to mediation but my ex says that I should pay for it because she can’t afford it. I don’t know what to do…
Do i have to sacrifice my work and my incomes for being able to see my daughter more often? Can her mom decide when i can and can’t see her? If we go to court, am I going to lose my right to see my daughter every weekend? Is the fact that I’m a man/dad will affect the court or the judge? As I know that men/dads are not very popular.
I’m ready to compromise and split the weekend in half and why not, keeping the agreement as it is. I’m ready to drop Saturday from work (we talk about ?556/month before tax) but I can’t afford to lose more.
My daughter needs to have contact with me as I’m very present in her life from the start.
Thank you for your comment. We cannot advise on specific issues, and this is a fairly complex matter. I would suggest that you contact a specialist Resolution family lawyer who will be able to provide you with the advice that you need.
I am a single mum with a daughter to a man I never married. He is named on the birth certificate.
Or daughter is 12 and has lived with me in Spain for 6 years with her older sister (15). Her father still lives in the UK and sees our daughter (freely) at Christmas. Easter, summer holidays and Bank Holiday weekends.
We just visited the UK for the Easter break and a day before we were due to leave my daughter said “mum, if like to stay here for a few weeks and try it out.”
I was devastated although agreed as I feel convinced she will realise that a 12 year old girl approaching adolescence needs her mum’s support. After 2 days her father sent me stipulations in regard to her education and his plans. It became clear that he had planned this and after 2 weeks of laying foundations with my daughter it is clear that he sees it as a permanent thing.
My daughter has always lived with me. I have not discussed the situation with her father as he “wants nothing to do with me. ”
I have never prevented him from seeing his daughter and have often cancelled our own family plans to accommodate his.
The reality has hit me that he did not intend to let her come back to live with me (and her ‘step’ sister.
She has a school residential trip in 3 weeks and he has already told her “she cannot go as she no longer goes to school in Spain” (we are legal Spanish residents). She desperately wants to go and she has told me she thinks she has make a mistake and wants to come home.
Were do I stand legally and what can I do?
Can you recommend someone to speak to?
Thanks in faith
Dear Thudu, thank you for your comment. I suggest that you seek urgent legal advice on this specific matter. A specialist Resolution lawyer will be able to assist you. Alternatively, please do contact us if we can help further.
Help me please i need some advice. Me and my girlfriend have recently seperated, we both work and our son is 8 years old and she has now said that she wants to limt my access to see him as she wants to try and build a better relationship with him. me and my son have a wounderful relationship and have done since he was born, we have never been apart longer than 24hrs, i take him to school, pick him up from school, never missed a play, sports day, parent teacher night and so on. we are out together every weekend or week day during the holidays and have an excellent relationship. his mum is a good mum but they do not have the best relationship together and more offten not they clash, my son was very upset when i explained i would not be living with them anymore (as was i) and has been begging to come and live with me but his mum will not let this happen as she wants to try and build a better relationship with him. this is having a real negative impact on my sons life and on mine, where would i stand on having at least 50/50 custody instead of every other weekend? i am on his birth certificate but me and his mum are unmarried. please any advice is desperately needed…….
Thank you for your comment. If you are named on the birth certificate then you share PR for your son with the mother, which means that you have the equal right to make decisions for the child. If you cannot reach agreement with the child’s mother then you should take legal advice to explore your options. If we can assist then please do not hesitate to contact us.
My ex partner and I have parental responsibility, we were not married but he is in our son’s birth certificate.
Since changing jobs after 5 years, our sin is 6, his father is demanding to know who is looking after our sin and when.
I have a fully checked out nanny plus my new partner works from home, si takes him to school and stays over sometimes.
Sometimes my son goes home with his friend and parent after school, and is collected from there.
Do I have to provide my ex with a daily diary when I am away from home at work sometimes 2 days per week, or should he just accept the fact I am a responsible and loving parent. I get so frustrated. With his demands and feel he is being unreasonable with no justification.
Dear Nim lal, thank you for your comment. We are unable to provide specific advice, however I do recommend that you seek legal advice from a specialist family lawyer. You can find a lawyer local to you on the Resolution website. I hope that assists.
Hi, I have a friend that had separated from his partner, they are un married but he was down on the birth certificate from birth. She is using the child as a bit of a weapon and seems to think she is in complete control. My friend feels that he has no rights and she can do what she wants. He thinks that she has the right to take him away from him whenever she wants. Is this the case? I feel like it’s not as in this day and age both parents should have equal rights when it comes to their children and not one sided on the mothers side. Please help, thank you
Thank you for your comment Jeff. If your friend is named on the birth certificate then he shares PR for his child with the mother, which means that he has the equal right to make decisions for the child. If he cannot reach agreement with the child’s mother then he should take legal advice to explore his options. If we can assist please do not hesitate to contact us.
My son was born out of wedlock, and only my details are recorded on the birth certificate. My ex and I got married shortly after my son was born, but that only lasted a few months, and we divorced. I allowed my ex supervised visits with my son for various reasons, and this was granted as such by the judge, and is stipulated on our divorce decree paper. After the divorce, my ex probably saw my son twice, and shortly after that he left the country and we never saw him again. My son is turning 15 this year. I remarried a few years ago to a loving husband, and my son calls him dad. What I would like to know is what legal document can I have that can state that I am the sole guardian/only parent for my son? It becomes a bit tricky when we have to travel to countries for visa purposes, and they always insist on both parents needing to sign documents/applications. What type of legal letter can be prepared that can prove that I am and have always been the only parent for my son? We are even considering that my husband should just adopt my son so that we can change his surname to my married surname, and my husband is happy to do this. Any advice will be appreciated.
Unfortunately, we are not able to provide tailored legal advice in this forum. I recommend that you contact the office to book an initial appointment so that you can get the advice that you need.
hi. my ex partner is only allowing me 6 hours a week contact and no overnight stays with my 15 month old son. also she is not allowing my son any contact with his half sister (mine from a previous relationship ) i am on the birth certificate and have had. i have no criminal record and there is no history of police involvement or abuse during the relationship. i have had regular contact with my son up until fairly recently. what are my rights if this went to court regarding contact with my other child and overnight stays, thanks
There is a presumption that it is in a child?s best interests to have a relationship with both parents. The court also recognises the importance of sibling relationships. I suggest that you contact us to arrange an initial appointment so that we can advise you on your particular situation.
Hello, things are not great between my partner and I and i am looking at leaving.
However we have a 2 year old daughter together and he is on her birth certificate, so i know he has parental rights too.
We are not married and the house is 100% his so i have no rights, i am happy to move out but i just wondered where i stand with regards to taking my daughter with me. I know he will be awful once we split and will try and control exactly what happens so i wanted some advice before it gets ugly.
Thank you
You and your child?s father must agree child arrangements, including where your daughter will live and when she will spend time with each of you, between you. If you are unable to agree a court can decide, but it would be much better for your daughter if can work it out between you. You may find that mediation will help you reach a decision.
Hello.
My daughter was left with 2 sons ( now 7& 12) when her unmarried partner, the boys father had an affair and left the family home.
After 5 years, The father has failed to pay his way with the mortgage and failed to keep up with CSA payments.
Now the oldest boy is realising how horrible his father has behaved over this permanent separation and has been refusing to see his father.
The youngster now wants to change his surname from the father’s to his mother’s name…also wishes to change religion from father’s Catholic church to mother’s Orthodox church.
He has thought long and hard over this but is clear this is what he wants.
Can a 12 years old young person have clear rights to do these changes without the father’s permission?
A child?s name cannot be changed without the permission of everyone with parental responsibility (in this case the father) or permission of the court. The father also has a right to be consulted in relation to the child?s religion. It may be worth considering family therapy so that the children can tell the father how they feel in a safe and managed environment.
I am married and separated from my husband and had a child with a different man. My husbands name is on the birth certificate even though he is not the biological father.
Does the biological father have any rights to legally see my child or force a DNA test? Or have financial responsibility?
Your child?s biological father could make an application for a declaration of parenthood and, if successful, for a child arrangements order that provides for a relationship between him and the child.
I want to help a situation that is arising with my girlfriends brother. I want to be able to point them in the right direction and was wandering if anyone could help advise, basically the brother has had a baby and he?s soon to turn one. Today the mother has messaged saying that she is done with the baby and doesn?t want anything more to do with the baby. This isn?t the first time either that she?s been reluctant to take the baby back on other times the father travels to drop him back to be told she doesn?t want him and he?s to stay with him for a few more days. Both parents mental state isn?t great with past history of depression I do worry about the kids as she has a 4 year old too.
If your friend?s brother has concerns that his child?s mother is not able to provide good care and stability for their child then he may need to consider whether it would be better for the child to live with him. I recommend that he contacts the office and makes an initial appointment to get some advice about his options.
My son has split with his partner and is named on the birth certificate, they are quite amicable on visitation and he’s always payed maintenance.his ex moved on within weeks and has another child with her new partner. My son took a couple of years to meet someone whom he has now introduced to his son, the problem has arisen since he requested to take his son on holiday, both abroad and in this country, this was denied due to his ex being ?uncomfortable? with his partner going with her children. I feel that his is a little unfair of the ex as she has taken his son away with her new partner since they have been together without a thought for how my son felt, just informing him they were going on holiday! What are his rights and can his ex stop him from taking. His son on holiday?
A parent requires consent from everyone with parental responsibility (usually the other parent) when taking a child out of the jurisdiction of England and Wales, whether permanently or for a holiday. If consent is refused then an application for permission can be made at court. I recommend that your son contacts our office to book an initial appointment so that he can get advice around this issue.
Hi does anyone know, if the fathers name isn?t on the birth certificate does he have to prove that child is his before he puts his name in it
If you have not included the father?s name on the birth certificate he can make an application for his name to be added. If you do not accept that he is the father of the child then a paternity test may be required.
Hi, I have a friend who had a baby 10 years back and now he got a letter after 10 years for childcare maintenance service. He is now married and have his own family, the ex she never tried to contact him after their baby and went right away. All of sudden after good 10 years she’s asking for child rights, so i want to know what does the law says what can he do. he’s not willing to pay because they never contacted him before and after having his own family all of sudden they are asking for rights.
Thank you.
Thank you for your comment. I strongly suggest that your friend seek legal advice from a specialist family lawyer in relation to this matter. A list of lawyers local to you can be found on the Resolution website.
Hi my son and his girlfriend have just parted they have two boys and they are both in his name she is being really unreasibable the split was amicable the csa have told him how much he needs to pay her per month abd he has agreed he loves his boys and i look after them every week on cerrain days ge is so frightened she will stop him seeing them as she wants more money from him he cannot afford what should he do
Dear Linda. Thank you for your comment. We cannot give specific advice on this forum unfortunately but I would suggest that your son seek legal advice from a specialist family lawyer. A list of lawyers local to you can be found on the Resolution website. I hope this assists.
Hi, my daughter is only a week old and I was with her father who is on the birth certificate but now we?re splitting and he wants me to leave and him keep the baby, can he do that? What rights do I have? Please help, thank you
Charlotte, I am not able to provide specific advice in these comments but I recommend that you seek specialist legal advice as soon as possible.
Discovered I’m a father to the 12.5 year old child was I was unmarried and she was separated and has two children with her ex husband. Two DNA tests proved last year her ex husband was not the biological father and significantly limits his contact with the child. I have not requested for DNA testing although I am not disputing that its not mine.
Ive been married 5 years and have a baby on the way. I made it clear to her that I have no interest in the 12.5 year olds wellbeing, neither do I wish to bond or be part their life, or wish to acknowledge him as my own child (despite highly likely we are biologically linked)
The ex is taking my comments extremely seriously and demands I tell my family and wife about my 12.5 year old. Seeing I have no obligation to inform anyone, I am nervous that she may begin contacting my parents. Although I do not see what she would wish to achieve by doing so without my permission when its evident I do not want part of that child?
My name isn’t on the child’s birth certificate neither do I give permission to sign it and I do NOT want to have any legal parenting responsibilies (via a PRA – i.e. meeting, spending time, bonding etc..).
1) What legal advice can I seek if the ex decides to inform my family members without my permission about the child? Can she be prosecuted?
2) Is it correct that I can continue with my life with no Parental Responsibility (i.e. via PRA), seeing my name is not on birth certificate and will refuse permission to be included as the father on birth certificate? If the child wishes to meet me that request will instantly be denied by myself.
3) She may request for Child Support Payments, do I understand the claims cannot be backdated and will only start if she makes a case (i.e. on child’s 13th Birthday next year)? I do not have a problem but there is only 3 years left until child turns 16. What value would there be in claiming now for her?
Thank you for your comment Harry. Although you do not have PR for your child, as you were not married to your child’s mother and are not named on the birth certificate, you are still your child’s parent. This means that you have an obligation to pay child maintenance in accordance with the child maintenance service’s calculation. This can only be back dated to the date of claim. Child maintenance is payable until a child reaches the age of 19 or leaves full time secondary education, whichever is the later. As far as I can understand from your comment, your child’s mother would not be committing a criminal offence if she shared your child’s existence with your extended family. You have made it clear that you do not want to know your child, but your parents and extended family may feel differently. Studies show that it is likely to be in your child’s best interest to have a relationship with their extended family.
My brother is in an emotionally abusive relationship and has a 1 year old daughter, he is named on the birth certificate, he has a rented property they live in which is only in his name, he wants to kick his girlfriend out but wants to keep custody of his child, the mother doesn?t look after the child often and takes her to her mums for her mum to look after the child and doesn?t give the father a choice on weather he can look after his child, when my brother asks to see his baby he is just told that child care has been sorted and to leave the child at her mums house.sone weeks he only sees the baby once a week even though the baby lives with him because the mother of the child is too busy to look after her and leaves her at her mums house, if he was to kick her out of the property does he have equal rights to custody or would custody automatically go to the child?s mother, they aren?t married.
Thank you for your comment Hayley. Your brother and his partner share parental responsibility for their daughter and both have a right to be consulted about to all decisions relating to her. I strongly recommend that your brother seeks specialist legal advice before taking any action. He could prejudice his position by ‘kicking out’ his partner as you suggest.
Hi,
I am a father of two children. Me and their mother have been together for 3 and half years. We are not married. We’ve lived at the same address for over 3 years. She owns the mortgage I pay her monthly rent for living there and we split the nursery costs 50-50. We also split other miscellaneous costs 50-50. We are both in a OK paid jobs and working full time. We jointly registered the children’s birth so I Know I have parental rights.
To cut my long story short I am thinking of leaving her as we do not love each other anymore and we are living a miserable loveless relationship at the moment but we are being civil for the sake of the children. If I leave I want the kids to stay with her so there is no battle there. She’s a really good mother and person, we just don’t love each other anymore. My question is:
1. Can she demand that I continue to pay rent towards the mortgage as I currently do due to the fact that kids will be staying with her pretty much most of the time?
2. What else can she demand payment for?
Dear Jim, thank you for your comment. These are very specific questions and we cannot answer them in this forum, nor without knowing the full facts beforehand. If you would me to assist please contact us and I will be able to provide you with legal advice. Many thanks.
My daughter 18 found out she was pregnant after she split up from a boy she had been seeing 8weeks, who was a year younger. She told him she was pregnant and he told her have an abortion… she decided to go ahead with pregnancy with out the boy in her life. She had her son in April this year and invited the boy and his mother to visit her in hospital when she came up the father visited twice a week bringing nappies, my daughter told him she wanted her son to know his father and that she wanted consistency from the father or nothing at all. 5weeks ago he said he wasnt coping too well and he hasnt been to visiit his son, he has not kept to the mutual agreement of twice a week visits, not even a phone call from him or his family. My daughter wants to know where she stands with her son, should he request to come to visit again after breaking their agreement. She is fo upset and depressed has they never had a proper relationship and wanted their son to grow up secure. THE father is unreliable and immature and this worries my daughter about the wellbeing of their child. What can she do????
Thanks for your comment Sally. It is to your daughter’s credit that she wants her son to have a relationship with his father as studies show that this is generally in a child’s best interests. I also agree that your daughter is right to demand consistency. If the father wants to see his son, then your daughter should try to agree a routine that the father can realistically manage consistently. Your daughter might want to consider inviting her son’s father to discuss arrangements with a mediator or family consultant present. If she needs advice then she should contact a family lawyer local to her who is a member of Resolution. Please let me know if I can assist further.
Hello,
My friend is a Housing Association tenant with the tenancy solely in him name. A few years after moving in, he entered a relationship with a woman with which he has since had 2 children with. They both live together in the home and she contributes to the rent and bills however the tenancy remains in just his name.
The relationship between him and his girlfriend is now breaking down and he would ideally like her to leave the home and for him to remain in the home with primary custody of the children. This is not so much a question of custody but he’s worried that in making an attempt to remove her from the home, the mother would be able to reverse the tables and have him evicted and the tenancy transfered into her name.
There’s no violence of any sort in their relationship and no grounds I’m aware of for her to make any claims, other than false ones, against him.
My friend fears that she will be able to apply to have him evicted and the tenancy transfered into her name with little reason other than the fact that she is mother to his children. Is she capable of doing this based on just this reason alone?
Any advice would be very appreciated, thanks.
Unfortunately, we are not able to provide tailored legal advice in this forum. I recommend that your friend contacts the office to book an initial appointment so that you can get the advice that you need.
My ex wants to take me court for visitation rights
He works away abroad for months on end and can?t commit to any regular time to see her and refuses to turn down work to see her
What access will the judge grant him providing he can?t commit to anything ?
Unfortunately, we are not able to provide tailored legal advice in this forum. I recommend that you contact the office to book an initial appointment so that you can get the advice that you need.
My ex partner(not the legal father of my daughter) believes he has a legal right somehow to my daughter who he did have a relationship with for 9years and still see’s her however spends more time dictating to me how and what I do with her than not. She likes to see him and I agreed because it was what she wants but it is becoming more of a strain on my current relationship and he also tries every opportunity to drive a wedge between myself and daughter. He won’t communicate with me unless his parents are present either so it is like dealing with another child throwing his dummy out of the pram. He is now threatening me with legal action? Do I remove my child who is 13 an very opinionated from the situation and keep her with me or continue this palava with him dictating my moves even for Birthdays and Christmas. Any advice dealing with none legal parents believing they have rights greatly appreciated
Dear Carly, thank you for your comment. This is a complex area of law. I suggest that we meet to discuss this further. Please do contact me if you would like to arrange an appointment. Thank you.
Hello,
I have 2 girls to which i am on the birth certificate to one and not the other. The mother of my two kids has stated i am unable to have the kids if i intend taking them to my formal girlfriends house.
She said she is the parental guardian and she has all the rights. Although i agree she may have all the right for the child that don?t have my name on the birth certificate but for the other child who my name is on the birth certificate surely i also have parental rights. She said she is the legal guardian so she has the right to know who and where her child is and where they stay, which is fine. But as i am not standing down when she ask if my daughter will go with me to my girlfriends house she then now says i am unable to take her.
I?m sure just because she?s the mother she isn?t allowed to control who and where i take my child to unless they person may cause harm or danger to them. Is it the case as because I?m not her legal guardian i am unable to take her to places that the mother don?t like, surely as the father who has his name on the birth certificate to one can take that particular one wherever i please.
Please help
You share parental responsibility for one of your daughter with the child?s mother. You do not have parental responsibility for your other daughter and if her mother does not agree to grant you parental responsibility you should consider making an application at court for parental responsibility. I recommend that you and your ex-partner consider attending mediation to discuss the issues you raise.
Hello, me and my ex partner had our child in 2013, he is on the birth certificate however, he kept her for 3 weeks claiming he can keep her for however long he likes, he?s done this before and I had to ring the police and they said because his name is on the birth certificate they cannot do anything, he?s done this twice now, I?m wondering if he has any power to do so? We was not married may I add, also he?s claiming he wants to take me to court because I will not meet him half way ( I live an hour and half away) he doesn?t pay any child maintenance nor does he contribute to our child in any way. I read up online that he cannot take me to court because it is his duty to pick her up from her home and as long as I make her available for him to pick her up it isn?t my problem how he gets her etc, just wanted to see if this was true, tia
Thanks for your comment Tia. I am sorry to hear that your partner retained your child without your agreement. The court has the power to make orders restricting your child?s father?s parental responsibility to ensure that this does not happen again. If you and your child?s father cannot agree on travel arrangements when your child spends time with him he can ask the court to determine them.
Hi my granddaughter is 11 years old , and her mom is trying to stop her coming over to stay at the weekends with her dad , he?s had her every weekend since she was 2 years old as they had separated , the mom works weekend and so does the stepdad so she is being left on her own in the home for up to 7/8 hours on Saturday and 5/6 hours on Sunday, is she allowed to stop her coming to stay with her dad if our granddaughter is saying she wants to be with her dad , he can?t see her in the week as she lives and goes to school in Kidderminster and my son lives in Birmingham
Unfortunately, we are not able to provide tailored legal advice in this forum. I recommend that your son contacts our office to book an initial appointment so that you can get the advice that you need.
Hi! I am unmarried woman from the start when the baby only fetus and I giving birth to my son year 1999 and only parent sign to his birth certificate and use all my middle initial and family name. He was born and living in the Philippines up to now. Year 2002 I married to my husband he was a british citizen otherwise by descent and we having a daughter born 2002 and became british citizen thru him now we living in u.k . I am also a british citizen by descent -naturalized. It is possible can I pass my citizenship to my son. Please help me, your response very appreciated and big help for me please thank you Malou
Thank you for your comment. We are unable to advise in this matter and suggest that you contact an immigration lawyer.
Hello! I?m currently pregnant with my ex partner and would like to get advice on how to go about him saying he is going to take the baby full time as he said this to my brother but when I questioned him about he said he didn?t mean it but know I?m scared that if I let him take her out he won?t bring her back what should I do please help?
Thank you for your comment. We are unable to advise in this matter on this blog and suggest that you contact a lawyer for legal advice.
Hi
Been islamically married for 2 months, not legal registry. My partner and I are expecting twins, she is already talking about moving away from me before or after birth (could be either) what legal rights do I have over the children I don?t think she will let me sign the birth certificate.
She has previously had cancer and is in remission, in the event she leaves and lives separately and then passes away she has said she will leave other family members as the children?s guardian. Do I have any automatic rights over custody upon her death?
Financially she can provide for the children but her own upbringing and family have been very unstable does this work in my favour to gain custody? I have evidence of the physical and mental abuse she has faced from her family before our cohabitating Islamic marriage and would not want my children to grow up around her extended family.
What rights do I have what actions should I be taking right now to ensure in the event of this happening which it is more than likely to happen that I gain full custody of my twins.
Thank you for your comment Dani. I believe from your comment that you are still in a relationship with your partner, so I would recommend that you consider attending relationship counselling together to talk through these issues in the first instance. I suspect that your marriage is not recognised in the UK and if this is the case then unless you are named on your children’s birth certificate you will not have parental responsibility for them. If you want to play a full role in your children’s life then you would need to take legal advice as soon as possible after they are born and consider an application for a declaration of parentage or parental responsibility order.
Thanks Lauren, Dani here again – would the application / declaration for parentage or parental responsibility order be the road to gaining full custody?
Not sure if a relationship counsellor will be the route for me as I suspect my partner is in the process of purchasing a house 3 hours drive away from me, she will then move straight into there upon giving birth.
She is keeping all these arrangements very secretive from me but I do know she has been viewing properties.
Regarding her state of mind she has had multiple nervous breakdowns during her lifetime where she has lost a mother and brother to illness and accident, this has had a detrimental affect on her logical thinking, she has been considered a very vulnerable person by her cancer doctor and also councillors. She has suffered domestic abuse at the hands of family members since the age of 11 up until 2 months ago since Our Islamic marriage.
She has physical signs of this abuse, a fractured skull, broken jaw, broken nose and a titanium plate in her lower back.
Due to her unstable mind and inability to at times make rational decisions and the volatility of her families violent behaviour towards her I do not feel my children will be in a safe environment. What should I do to start custody procedures as soon as the birth.
Hi Dani, I am not able to give tailored advice on this forum as I would need to know much more about your situation first, to ensure that I am giving the best advice for you. I recommend that you contact the office to make an initial appointment to discuss your situation as soon as possible. You can call 0330 055 2234 or e-mail [email protected]. We have offices in Brighton, Horsham and London. Thanks
Hi, someone I know did a traditional customary marriage in Africa few months earlier before her husband divorce absolute came through.they have kids that are based in UK and british citizens because her partner is British,,,now she wants to join her family to live in the UK because their kids are still very young is the traditional customary marriage legal that she can use as part of her marital documents because they are planning to have a legal registry in the UK after she is granted the leave to remain.
Hello – you will need to contact an immigration solicitor to assist with your enquiry. Many thanks.
Hello,
I would just like some advise I Am the only parent on my sons birth certificate as his father did not want to be involved. Since then he now has come involved seeing our son every couple of months. I have recently discovered he has a new girl friend to which has my son around when he sees him. He hasn?t told me he?s with someone else. Am I right to be annoyed he hasn?t told me and that he lies about why he can?t see his son because he?s going on holiday with her?
Thanks for your comment Rebecca. In order to co-parent effectively you and your son’s father need to communicate and build trust between you. You might want to consider inviting your son’s father to attend mediation with you so that you can talk to him about your concerns.
Hi.. am working in uk but my son lives with he father in south Africa and I send money for my son and myself and he father are not together anymore.. my son lives with he father as I have be here for a year but go home every other month… the father is not taking me to court for full custody.. I want to work every two months and go home for two months and then come back for two months again as I work and ofcourse want the best for my 6 year old son.. how do I start where do I start..? Am I a bad mother by want to do this?
Rhiannon, I understand from you comment that your son lives in South Africa. This means that he is out of the jurisdiction of England and Wales and we are not therefore able to advise or assist. I suggest that you contact a family lawyer in South Africa.
My ex and I split up before my daughter (now 11) was born. I did not even have him put on the birth certificate. I?d be now wants to start seeing her, when he hasn?t for the past 11 years) can he force her to see him.
Thank you for your comment Louise. There is a presumption that it is in a child’s best interest to have a relationship with both parents, although there are circumstances when this may not be appropriate. You should make the decision that you believe is right for your daughter. If her father disagrees with your decision then he can make an application at court for child arrangements order for her to spend time with him. The court would then consider the circumstances and make the order it feels is in your daughter’s best interests.
Hi.
I and my ex boyfriend we split up, we have a 14 months baby.
I am still living with him and his family because I dont have where to go at the moment.
I came back to work full time so I can rent something to move out. Can I take my baby with me when I will move? I am scared he wont let me do it and wont allow me to see my baby.
Thank you for your comment. If your boyfriend is named on your baby’s birth certificate then you both share parental responsibility. You should try to decide between you where your daughter should live. Mediation can be really helpful when having these discussions. If you can’t decide between you then you should make an application for a child arrangements order and a court will decide where your child should live and what time they should spend with the other parent. Generally, you should not try to change your child’s home without the consent of everyone with parental responsibility or an order of the court. An exception to this would be if you needed to flea your current home with your child for your safety, as you or your child is suffering abuse.
I would recommend you contact a specialist family solicitor who will be able to advise you in relation to your particular circumstances.
My 14 year old daughter has left her family home to live with her dad 2 hours away. Since she left he is doing anything possible to make life difficult. I really can?t communicate with him anymore and have arranged visits with my daughter. She then relays dates and times to him. He said if I don?t communicate with him he won?t allow access. I told him that at 14 years old, she is sensible enough to show him my text messages for future arrangements. He said she isn?t old enough and I should contact him. What are my rights regarding discussing contact with my daughter rather than her father?
Thank you for your comment Lyn. At 14 years old, your daughter is still a child and should be protected from any conflict between her parents. Making arrangements directly with your daughter without communicating with her father places your daughter in the middle of her parents, which is not a nice place for a teenager to be. I would suggest that you consider attending mediation with your daughter’s father so that you can discuss arrangements for her to spend regular time with you and agree an effective way of communicating in the future.
My 6 years old daughter and I live outside the UK but her father who is a foreign citizen has settled in the UK.
We were unmarried when we had our daughter and he has not been paying child maintenance regularly and he can’t be bothered about child visits.
What are my options?
Thank you for your comment. As your child lives outside of the UK, you will need to contact a lawyer in your jurisdiction for advice.
Hi
My partner is pregnant and has refused to allow me to be part of the pregnancy process by attending any appointments, she has recently moved out of our home, says I do not have any rights over the unborn, what actions can I take to ensure I can gain parental responsibility? We are not legally married. Only an Islamic ceremony.
I?m concerned for the unborns future as she suffers psychological episodes linked to childhood trauma.
She also has a physically abusive extended family she is planning to live with during the pregnancy and after birth.
What measures can I take to safeguard the children once they are born?
Unfortunately, we are not able to provide tailored legal advice in this forum. I recommend that you contact the office to book an initial appointment so that you can get the advice that you need.
My Son is 15 now. The Fathers name is on
the Birth Certificate. We live together all these years but not married . Were can I have it confirmed in writing that he has parental responsibilities and also legal rights the same as I do. Also my partner’s mother believes he would have to adopt our son to be legally his. should we decide to get married . That he would not automatically . Thank you
Thank you for your comment Katharina. Your son’s father shares equal parental responsibility with you as he is named on your son’s birth certificate.
How likely i am to get joint custody for my kids through the courts. I am not married but on the birth certificate and been with my partner for 8 years but things are not working out? I would rather have a 50/50 custody but the mother will go for full custody.
Thank you for your comment. I am unable to advise you without understanding your specific circumstances, so I recommend that you contact our office and book an initial consultation.
Good afternoon,
This may be something you can help with?
I was with a girl for about 8 months, and after we split up, she announced she was pregnant. We live about 2 and a half hours away from each other which was a partial reason for the breakup.
We stayed in contact through the pregnancy, and it was fine at the beginning as friends. I helped her get set up in a rented home at the time (financially), however we argued for the last few months, and she basically cut contact.
She started a relationship with someone at 7 months pregnant and did not let me see the child when he was born, and made it very difficult, as she cut contact via social media also.
I was allowed to see him once at around 3 months old, but only for around a hour, and then the contact stopped again. Again, the arguments started, which did not help the situation.
She did not put me on the birth certificate also which was difficult.
I sought legal advice at the time, and they recommended mediation, to which she didn?t turn up, nor contact.
After a lot of heartache, I sent a message to her saying I hope she contacts me in the future when we can try and sort this out, and I heard nothing back.
I reached out to her a few months ago now the child was nearly 7, to which we are now on friendly terms, however she doesn?t want me to meet him at this stage, as she doesn?t want to mess with his head as she let him think the other man was the father (delightful I know), however I also found out that when he was a few years old, she changed his name by deed poll to her ex husbands name)
I am trying to be as nice as I can about it all, and have paid several hundred pounds in presents and savings as I really want to build a relationship with him, but I am seemingly in a no win situation and I really need help. My little boy deserves the right to get to know his father, even if his mum is the way that she is.
Hi Mark, thank you for your comment. You certainly need some advice tailored to your specific situation and this isn’t something that we can provide in this forum. If you contact our office we will be very happy to book you in for an initial consultation with one of our specialists.
Hi,
I have to children with an unmarried partner, his on is on both birth cert. I have noticed that we are not right together and would like to split with him but he kept saying that I will not able to have the two kids (6 yrs and another 2 months old) if I leave him because I do not earn enough / I do not earn more than him. I am the one who?s looking after the kids majority of the time. I sleep with both of the kids at night time, they are closer to me than their own dad.
I would like to know if it?s true that I will not get the custody of my children since I do not earn enough ?
Thank you for your comment. The court does not generally make decisions around child arrangements based on financial reasons. Instead, they look at the overall circumstances when deciding what is in a child’s best interests. That said, before making a court application I would recommend that you try discussing arrangements for you children at mediation. If you require advice relating to your specific situation please contact the office and we would be happy to arrange an initial appointment for you.
How long without my sons father not bothering with him do I still have to get permission to move us abroad for work. He has not paid for nor seen his sons in almost 5 years, not a single message not even when I almost lost my son in hospital 2years ago?
Thank you for your comment Ruth. If you were married to your son’s father when he was born, or if his father was named on his birth certificate, your son’s father shares parental responsibility with you. Parental responsibility ends when your son reaches the age of 18 or, in some circumstances, it can be limited or removed by the court at an earlier date. If your son’s father shares parental responsibility for your son you must get his consent to move out of the jurisdiction of England and Wales with your son, or in the absence of consent seek permission from the court.
hi i would like to ask for help what the best thing i should do i am pregnant one month now , i am filipina from philippines i met the guy from liverpool and we dated just few months and we had plan to have a baby now i got pregnant but this guy he left and denied all and he said he will never support me the baby ,pls im seeking a help ,is he still responsible to support the child although we are unmarried . pls let me know what steps should i do to contact him because he blocked me in all communication that we have.pls help me my baby needs his father figure and support aswell
Thank you for your comment. Your child’s father should pay maintenance for your baby when it is born. You should make an application to the child maintenance service and the amount he must pay will be calculated as a percentage of his monthly income. If your child’s father has significant assets or is a very high earner then you may be able to make further claim/s under schedule 1 of the Children Act 1989, for example for housing or private school fees. I appreciate that you would like your child to have a father figure, but there is nothing you can do to force him to play a role in your child’s life if he doesn’t want to.
Need some advice please, my daughter and her fiancee are splitting up they have a 7 year old child the father is named on the birth certificate. They rent a house in both of their names, because my daughter is unemployed atm the the father is saying he will be moving out with the child because he can support the child financially where as she cannot atm can he legally do this? My daughter wants their child to stay with her
Thank you for your comment Maureen. If your daughter and her partner cannot agree who their child should live with, then the court may need to decide. I strongly recommend that your daughter takes legal advice as a matter of urgency.
Hello, i’m an unmarried father of 10 years old boy that lives in London with his mother. Me, myself i live in Athens Greece where the baby was born. We lived (not in peace) all together in Athens, when she decided to leave Athens and move to London. That was between 2011 and 2012. She left to England, and i was stayed shell shocked, heartbroken, and not knowing what to do in Athens.
After a while, it turns out that she wasn’t willing of letting me see the child alone, but only under the supervision of someone, without having any legal prosecution input weight on me. I followed the rules for seven years, in order to build a relationship with my son.
At my first visit to London to visit them , six months after they moved in , she calls for medical help claiming that the child swallowed some pills that i carelessly left inside my bag. So she telephones and an ambulance takes the three of us to hospital for stomach wash.It turned that he hadn’t swallowed any pills, but there i, unfortunately lost my temper, and started to shout inside the hospital, she called the security and was being removed in the yard.
Since then ( 2011-2012) , at its own discretion, suggesting that she was advised to do so by social workers that have never see me or talked to me, she would not let me be alone under any circumstances with my son, describing me as an emotionally unstable person ( even dangerously violent) that would put under serious risk the safety of our child.
Trying to solve things out, i even agreed to I get to spend some test, ( after her request) in official center dealing with emotional aspects and disorders, the results of which have shown that I’m a perfectly operational person and a capable father. She found them unreliable.
i could only contact with him in the presence of a third person under her rule, which i followed for seven years. Now my child is around ten and i haven’t seen him since the eastern of 2017 , only for half an hour, after i refused to see him anymore with someone being with us. She doesn’t let me see him know as she doesn’t want me to mess with his head, as she couldn’t otherwise justify that all these years he won’t let us see each other under normal circumstances .
Which you think is the better way to solve the communication problem ?
Note that lawyers in UK are extremely expensive for an average Greek income but i’m willing to do it.
Which Is the best way to claim my rights as an unmarried father in the Uk? ( as a citizen of the European Union).
I want to go to mediation first, which is the best way to do it? ( close to the area that they live)
For seven years she kept her address secret so i couldn’t reach them also.
I want to go for parental responsibility , ( is it a step after asking for contact with the child?)
There is a Registration Act, in which the boy has both our names. I’m written as his father at his birth certificate .
Is the application / declaration for parentage or parental responsibility order be the road to gaining full custody?
What’s the difference between full custody, and parental responsibility and what should i hope from the Uk legal system about this?
Hope that’s not too long for you.
Kind regards
KOSTIS
Thank you for your comment Kostis. Unfortunately, I am not able to offer tailored advice to your situation on this forum as I would need more detailed information about your situation to ensure that any advice is accurate. If you want to pursue a relationship with your son then the first thing you should do is take legal advice form a lawyer in England. We would be very happy to assist and would be able to hold an initial meeting by skype. Please contact our office and we will be happy to arrange this for you.
Hi , i am a male , me and my x partner we have 6 months old baby . My girlfriend invited her family from Slovakia for visit in my house but after 3 days they beat me up stole my bank card and ran a way with my baby ( my x partner joined them with my Baby) .My name is on birth certificate and My child have my Surname . how ever they tried to hide because i have made complaint on them and now they hiding with my baby . My ex Girlfriend Doesn’t Speak English , She Failed Residence Test so that means i am getting benefits on my Daughter and supporting her Because i have full time Job . She never had job in UK and she doesn’t have any income now . How ever she ran In her brother house and shes trying to seek there . She says that i am never gonna see my child again . I found the address and been there and police says that i have to leave because of not they gonna arrest me and i am not allowed to text her or trying to contact her and i have to send all paper work to her (birth-certificate, Red Book NHS ). Shes trying to get birth certificate from some where and then leave country without my permission . Her Family are Alcoholics and i can prove it with Photos , Videos And social media . Shes not even on Tenancy Agreement . My question is : what chances do i have that shes gonna lose parental responsibility if she basically illegal in UK ? and how or where should i get permission to visit my baby
Thank you
Thank you for your comment Maros. We are not able to offer tailored legal advice in this forum as we would need more information in order to be confident in our advice. I recommend that you make an urgent appointment with a solicitor in order to discuss your situation.
I was with my ex partner for nearly 8 years and he has been a part of my daughters life from the time she was born. However he is not on the birth certificate and has not adopted her. He wants to see her but I feel it isn’t the best thing for her. He was very controlling and did not have great relationships with my other children despite the 8 years we were together. Has he got any right apply for parental responsibility or visitation?
Thank you for your comment Danielle. I am unclear from your comment whether your ex-partner is the biological father of the child in question. If so, he is her legal father regardless of whether he is on the birth certificate. There is a presumption in law that it is in a child’s best interests to have a relationship with both parents. I recommend that you contact our office and make an initial appointment so that we can provide you with advice around your particular circumstances.
Hi! My partner was devorced and have agreed shared custody in the devorce paper. The mother of the children decided she’s not capable to cope with the children anymore
(now 10 and 12) and have agreed to amend devorce document to hand over guardianship to my partner. The mother of the children lives abroad so the children will be coming to live with us in Northern Ireland. My partner works at sea and would be away for months at a time. My question is do I need any paperwork to prove that the children are under my care whilst their father is away for work in case of emergency and daily living? We are not married and have known the children since they were very young. They have been giving their mother a difficult time because they really want to be with me and my partner instead of with their mother.
Thank you for your comment. It would be best for you to speak with a lawyer in Northern Ireland – you can find details here: https://www.lawsoc-ni.org/solicitors
My boyfriend (16) and I (18) are having a child and my family has said they support me and he can come and visit whenever however my boyfriends mother has said that if the baby is at theirs I can?t come as she doesn?t want to be around me. Is this legal?
When your baby is born you and your boyfriend will share parental responsibility for him or her. It is therefore for you and your boyfriend to make decisions for your baby. That said, as young adults you are likely to be reliant on your family for support and may be influenced by them. If you and your boyfriend cannot agree what is best for your baby for when he or she is born then you should contact a family solicitor for advice.
Hi.
My partner has a child from his previous relationship. He is on the birth certificate.
When they split they both agreed that he has the child at weekends. Over the last couple of months we?ve noticed that she asks us to have the child a few extra days now and then. Which is absolutely fine with us. But it?s resulted in having him 5 days a week now. She claims the child benefit, yet doesn?t really see him to be able to provide for him.
We are making a record of when we have the child to back up our case for if she ever did try to take full custody or if she ever decided to move far away or even out of the country (because she?s not British).
Would a record of having him help our case, or are we wasting our time?
We are making a record by taking photographs every day and also noting it on a calendar.
Thank you for your comment Christina. As your partner is on his child’s birth certificate he shares parental responsibility with the child’s mother. Only one parent can claim child benefit and as the child stays more nights with his mother I would expect his mother to continue to claim child benefit. If the overnight stays your husband spends with him has increased then it would impact on the child maintenance calculation.
Your husband has the right to be consulted on any decisions that impact on his son, including those relating to health, welfare and education. In particular, neither parent should try to remove the child from the jurisdiction of England and Wales without the other’s consent (whether for a holiday or permanently). If they do so, they may be guilty of the criminal offence of child abduction.
Hi. My son has he?s father?s surname and in birth certificate.
We are not married. He wants to live us.
Does he?s dad has the right to see my son after he abandon us?
Can he take my son from me?
Thank you for your comment Joanna. If your son’s father is named on your son’s birth certificate, he shares parental responsibility for your son with you. There is a presumption that it is in a child’s best interests to have a relationship with both parents, although there are circumstances when this is not the case because the parent may cause the child harm. You should contact the office to arrange an initial consultation to get advice about your specific situation.
I and my partner have split up, we have two children, we are London UK based, I have decided to give her full rights to the children, I want no contact till they are old enough to decide for themselves, how do I go about this?
I am sad to hear that you have reached the conclusion that you will no longer pursue a relationship with your children as studies show that children are more likely to thrive and reach their potential if they have a relationship with both parents. That said, I understand that family dynamics can sometimes make that difficult.
There are no steps that you must take to formalise the position that the children will live with their mother and will not spend time with you. You can simply stop spending time with the children. This does not change the fact that you are the children’s legal father and, if you are named on their birth certificate or were married to their mother when they born, have parental responsibility for them. You are simply choosing not to exercise that parental responsibility.
Regardless of whether you have a relationship with the children, you will still be liable to pay child maintenance for their benefit.
If there is any part of you that would like to maintain a relationship with your children then I recommend that you take advice from a family lawyer as to your options as soon as possible. If you become estranged from the children, the re-establishment of that relationship in the future can be difficult from both an emotional and practical perspective.
I have a 4 year old with my partner who I am not married to but it’s just not working out any more and I’m thinking off leaving he is on my sons birth certificate last time I kicked him out his father come round threatening me saying I cant stop any off them seeing my son is this right please
Thank you for your comment Emma. Unfortunately, we are not able to provide tailored legal advice in this forum. I suggest that you contact our office and make an initial appointment in order to obtain the advice you require.
Hi, I have a 6 month old baby with my ex partner who dictates when I can and can?t see him. To her credit, she does allow plenty of time for me to see him, my only concern is that she will not allow me to see him without her present, which restricts my life from moving forward as I?m spending the best part of my free time with my ex. My name is on the birth certificate so I believe I have equal rights, however I appreciate that I am unable to breast feed, but his mother refuses to bottle feed him, therefore shes using this as a reason to not let him go. He is however beginning to eat some solids. She is also using my parenting ability as a reason, even though she has no actual facts that suggest I?m unable to look after him (she?s even admitted she?d let her mother look after him before letting me for the simple reason that she has more experience). It all seems like she?s using him as a weapon to control an element of my life. Please can I have people?s opinions on this situation, does she have the right to be doing what she?s doing, and what I might be able to do. Thank you.
Thank you for your comment Andrew. I would recommend that you invite your son’s mother to attend mediation in order to discuss the issues you have raised. If you feel that you need tailored legal advice, please don’t hesitate to contact the office to book an initial appointment with one of our specialists.
I have a property which my ex partner, (father of my 2 children) which he owns a 25% share. We bought the house for ?145,000 but we seperated 10 days after moving into the house. I have since renovated the house and it is now worth ?230.000. He has made no financial commitment since leaving. Is he entitled to 25% of the current market value?
Thank you for your comment Maxine. Unfortunately, we are not able to provide tailored legal advice in this forum. I suggest that you contact our office and make an initial appointment in order to obtain the advice you require.
Hi my x partner and 1 have 2 children she came from scotland but came to live with me in england our relationship broke down 3years ago I’m on birth certificate for both children who are 7&9 three yrs ago she decided to move back to scotland which I agreed to on the understanding she would meet me half way with kids so I could have them I have always paid for them and luv to see them as often as possible but once she moved she refused to meet me and I had to travel the full journey to fetch them and take them back if I have them for a holiday other than that I go up for weekend as much as I can but with such a long journey it is taking its toll on my health I love my kids but she is so unreasonable and will not budge an inch wat rites do I have fir her to meet me half way will I have to take her to court for this i have tried but as was told it has to go through Scottish law but i dont think i could afford to go down this route
Thank you for your comment Jake. Any dispute regarding child arrangements must be dealt with by the Scottish courts as this is where the children are habitually resident. I suggest that you contact a family lawyer as we are only able to advise on the law of England and Wales.
Hi,I have a 2 month old son his biological father is on the birth certificate my son carries my surname. His biological neglects to provide for the child and refuses to come to agreement on arrangements pertaining to visitation conduct etc ,he now is not allowed to visit my home as he has disrespected my mother on two separate occasions and the last so far and most recent being abusive words and threats of violence towards me threatening to show and take my son by force.ive filed a report and the officer has proceeded to send out a warning to him not to trespass. Additionally I’ve recently found out he had logged into my Instagram account and I fear he might’ve used it to take private digital photos of my son can I press charges about this?,I’d like to take my son with me to Canada/USA with my other family permanently to get away from this toxic environment but mainly to further my studies and better provision financially and educationally for my son and I can he cause trouble for me taking my son away ?,can I just file paperwork and mention none of it even though he does nothing for the child,?
Thank you in advance for your response .
Thank you for your comment Reanna. We are unable to provide tailored legal advice on this forum. I encourage you to take urgent legal advice and suggest that you call our office to make an initial appointment. You should be aware that you and your son’s father share parental responsibility for your son and if either of you were to take your son out of the jurisdiction of England and Wales without the consent of the other or permission from the court you would be committing the criminal offence of child abduction.
Hi my son is not married to his girlfriend . They have two children and he is on both birth certificates . My so is sole owner of the family home which she has never contributed to and never paid any bills or food shopping . My son has asked her to leave the property and they will co parent the children 50/50 , however she is refusing to leave and says she is entitled to stay till the children are 18 . Is this true ?
Thank you for your comment Wendy. The answer to your question will depend on the exact circumstances of your son’s situation. We are unable to provide tailored legal advice on this forum but I would encourage your son to call the office to make an appointment so he can get the advice that he needs.
My daughter as just had a baby he is 3 weeks old ,things between her and boyfriend a are not good ,he as demanded he wants the baby Friday till Sunday , this will will make my daughter ill she alresdy as a bit of pnd surly he can’t take her baby at that age
Thank you for your comment Glenys. Contact arrangements for very young babies can throw up complex issues. It is really important that your daughter takes urgent legal advice about her situation. I would encourage her to call the office to make an initial appointment.
Divorced from the father of my children, he has stated he wants to hold no responsibilities at all and will sign it all over to me. Can the court remove his parental responsibility if we were married at the births of the children but have been divorced for a number of years so now unmarried?
Parental responsibility can only be removed from a parent in very narrow circumstances, such as when a child is adopted or a parental order is made. The court can restrict the exercise of parental responsibility if it considers it appropriate. If you contact the office to book an initial appointment we would be very happy to discuss your particular situation with you.
Hi, I am the father to my daughter who lives with her mother. We have been through a nasty court battle which thankfully has allowed me to have regular contact with my daughter. We can spend every other weekend together and also every Wednesday. During the court process I was awarded the ability to collect my daughter from school on the days that I would have normally collected her from the family home. Since all this COVID 19 outbreak things have been a little different with her mother and she seemed to be more accommodating towards the contact that we have. She let me give our daughter her iPad so we could communicate, my daughter started to send me lovely text messages which I am sure were a benefit to her wellbeing but also a major benefit to my wellbeing as when I don?t have her i am completely alone and isolated. It has become clear that her mother has now stopped her using her iPad so we can no longer freely communicate. I am unsure of how to deal with this situation but using simple logic I assumed that her playing online games with me is no different than her playing online games with her friends (game example Roblox). With our time being shared on alternate weekends I assumed that any time outside of this would be regarded as time that we could still contact each other, after all she spends a lot more time with her mother than she does with me. I feel a constant battle regarding what?s right for my daughter with her mother. If I was able to (work wise) I would love to have 50/50 shared care therefore spending a lot more time with my daughter. My question is this, is there any law stopping my daughter from contacting me outside of my allocated contact periods? and can her mother stop this contact from happening? I hope this makes sense to someone. Any advice would be greatly appreciated.
Thank you for your comment Mike. We are unable to provide tailored legal advice in this forum, but if you contact uscontact uscontact us to make an appointment one of our specialists would be happy to meet with you (virtually) for an initial consultation.
Hi, my ex is planning to move back up north with our daughter following our split. We are not married and she was living in my house which I pay the mortgage for. She doesn?t have a home yet but is looking at purchasing a home to be near her family. What rights do I have in regards to our daughter? She?s nearly 2 and I want my daughter to stay local so she can have a relationship with me as we are currently very close.
Thank you for your comment Jamie. If you have parental responsibility for your daughter then your ex must consult with you regarding all decisions made for your daughter. Mediation is an effective way of discussing these issues. If you and your ex cannot agree where your daughter should live, including whether she should move out of the area, then the court can decide. I recommend that you call the office to make an initial appointment to discuss your situation.
The father to my child?s name is on birth certificate also she has his last name, I tried to add my last name on before she was one but he would not let me nor agree to it. I am the sole carer of my 1 year old daughter and he sees her on a weekly basis. He is very controlling and always has been, he had been threatening me with everything including having my daughter taken away from me for no reason – just to make me feel scared – he has also seriously assaulted me on two separate occasions. I want my daughter to have a good relationship with her dad but I would like to have sole parental responsibility – he has always used the law and controlling behaviour to control everything around me and my daughter – I personally want a restraining order from him – I do not want any contact but I know he wants to see his daughter please help.
Thank you for your comment Erin. You have raised a number of serious issues in your comment so I encourage you take legal advice at the earliest opportunity. Unfortunately, we are unable to provide tailored legal advice in this forum. If you contact us we would be happy to book you in for an initial appointment.
Hi I’m looking for advice on how I can get 50-50 custady of my 3 Yr old son as me and his mother are separated and I really don’t want to take it to court if I don’t have to but negations between us are breaking down due to she thinks she holds all the cards
Thank you for your comment Paul. I am sorry to hear that you are having difficulties agreeing child arrangements. I would agree that it is better for you and your child to avoid court if that is at all possible. I would suggest that you consider entering into mediation with your child?s mother, so that you have some support and structure to your discussions. You may also want to consider getting advice from a family lawyer before entering into the mediation, so that you understand your rights and responsibilities as well as your options should mediation fail. If it is impossible to reach an agreement, then you could consider arbitration as an alternative to court proceedings. An arbitrator will make a decision for you, as a Judge would in court proceedings. You do need to pay a fee to an arbitrator, but overall it is very cost effective as the proceedings can be managed much more effectively and you will avoid the significant delays being experienced in the court system at the moment.
Hi
I was in long term relationship and living with my ex partner. We shared all the bills under both names. We them decided to have a child together, during the pregnancy he became controlling and verbally abusive the police had to get involved.
When the child was born(she is now 12 months old) he refused to register her and demanded a paternity test, I agreed to it but he kept delaying. A month after he was born he called me one day to say he returned to his country in Portugal and that should follow him there to do the test, that was back in June 2019. Up until now I have not heard from him. I contacted a lawyer in Portugal who advised me in order to ask the Portuguese court to approve to add his name to her Portuguese documents I would need to submit her birth certificate with his name added. She has dual nationality and she was born in the UK.
How do I add his name in her UK birth certificate if the father refuses to register and he is not in the UK.
I?ve already contacted child maintenance last year but they could find him on the system. He lived in the UK for 3 years before.
Please advise, can the court authorise for his name to be added without him living in the UK?
Thanks
Thank you for your comment. The process you would need to follow to amend your daughter’s birth certificate is a declaration of parentage. Your situation is complex and I am not able to provide tailored legal advice in this forum, but if you contact the office we would be happy to arrange an initial appointment for you.
Hi, i am an unmarried father who lives with the mother and our 2 year old.
The mother says she has no connection to the child and says she hates her.
Shes offered me a choice, either the child goes or i go !
I could never allow my child to ?go? but also dont want to see her grow up without her mother , the mother is very down all the time and its hard to see , i have no idea what to say or do around her . Any advice ?
I am so sorry to hear that things at home are so difficult. If you have not done so already, I urge you to contact your partner’s GP as soon as possible so that a medical professional can look into whether she might be suffering from post-natal depression.
Hello, my boyfriend is threatening me that he will take my baby away from me if i leave him. My boy is 4 month old and since he was born we not happy anymore together and i would like to leave him. But im scared he will take my baby from me. He already been few times violent with me( i never called the police but have few pictures) , once even when i was breastfeeding my baby and since that im scared anytime he drinks. I am from europe so i dont have any family to go to here and at the moment i cant even fly to my home to stay with my parents. He is drinking and smoking canabis and im so fed up with that because all house smell of it and i dont want this life for my baby, we already broke up once when i was pregnant and he kicked me out and hit me as well, but after while we got back together and although i know it was a mistake now, i did put him in the birth certificate because he kept promising all will change. He have 2 children already in his care from previous relationships( their mother didnt wanted them) and now he threatening me that he will take my baby. He doenst even care about the baby as much as he want to just hurt me. Im waiting for flights to open again and want to go back to my parents, he said he is happy if i go but i never know if he change his mind about it.. And i want to really stay there. The baby having double nationality and will have also 2 passports. Baby was born here in the uk. Does he have any right to stop me if he kicking me out and i have nohere to go and will fly to my parents? Can he get the baby taken away from me? If my baby having two nationality where will the case be taken to the court if it will go that far? Here or in my country?
I never had any problems with police or never used any drugs or anything like this. He smoke canabis everyday sometimes more than 3 times a day and drink few times a week and i cant live like this anymore, i want better life for my child than this. Please can you give me some advise? Thank you so much!
Thank you for your comment Adela. If you travel with your child out of the England and Wales without the consent of everyone with parental responsibility, in your case your son’s father, then you will be committing a criminal offence. I am not able to provide tailored legal advice in this forum, but I strongly encourage you to take urgent legal advice about your situation as soon as possible. If you call the office we will be happy to make you an appointment.
Hi, the mother of my child refuses to speak to me regarding child care arrangement. My child is 9 months old and I do not believe he is ready to attend nursery, especially given the current Covid 19 pandemic, however the mother is insistent upon enrolling him in nursery, and he has already attended the first session. I believe he is too young for nursery and I would rather care for him 3 days a week and the mother cares for him 4 days a week. What rights do I have to challenge this current arrangement as the registered father on the birth certificate? Please help!
Thank you for your comment Gary. As you are named on your child’s birth certificate you have a right to a say in all decisions regarding your child, including educational and child care arrangements and child arrangements. I recommend that you contact our office so that you can get the advice you need in this area.
Hi, I have a 7 year old son. He doesn?t know his birth father, father never made any efforts to be in his life and we do not know his whereabouts. Because he?s on a birth certificate I am struggling with getting him a passport etc. Could you kindly advice on what my options are, please, including applying for full custody of my son. Many thanks
Thank you for your comment Aleks. I am unable to provide tailored advice in this forum, but generally a UK passport application only requires the signature of one parent with parental responsibility. However, if you remove a child from the jurisdiction of England and Wales without the consent of everyone with parental responsibility you could be committing a criminal offence. I recommend hat you call the office and make an initial appointment so that we can explore your options further.
Hi, is it possible to change my son?s middle name without my partner consent?
Thank you for your comment Flavia. The consent of everyone with parental responsibility is required to change a child’s name. So if your partner has parental responsibility for your son, he must consent to a change of name.
Hi my husband have a daughter and she is 3 years old, but he is not married to the mum and now she asking for a child maintenance fee but my husband doesn’t want to give the fee because he wants to take full responsibility of his daughter with I aswell, because the girls mum is not a full citizen of this country and she isn’t working what’s the best thing to do?
Thank you for your comment Divine. This is a complex situation and it is important that you husband takes legal advice as soon as possible. If he contacts the office we would be happy to book him in for an initial appointment.
Hello, looks like some really good advice here and frankly I need to ask for some help this time.
So its a bit of a long one… I have two daughters 9 & 11 years old, have been divorced for 7 years and have seen them every fortnight, and whenever possible since.
My ex wife has very wealthy parents who have basically stolen the rights to my fatherhood throughout, by financing school fees, big holidays that take up my access time, overseas every year without my consent, and signing up for schools etc that were never run past me first.
I felt I had to back off when the girls were young – and it was used as reasons to stop me having more than 2 days access.
I am a hard working guy, who has never had a problem with the girls whilst with me, have a safe household, a job allows me to work from home and no reasons or worries for them/their mother.
She is extremely difficult and controlling and will not respond to my many attempts at discussing my childrens futures and the decision process behind them.
I have recently been told that my rights should not be limited because of their wealth, and that as a registered married father of both girls on birth certificates, that I should also have 50% of their school holiday times for access. I cant find much about this online….
My question to you please is this:
* My ex father in law pays for both children and all cousins to go to public school.
*The school emailed last week informing of opt in July 1st starts for year 6 – My eldest daughter
* They have clearly said that opting out with have no recourse
*It will be set up the same as home schooling – with no teachers in class on all work done on chrome books – just very strict social distancing – so no “play time”
So, I do not want to risk her going back and think she should wait until her sister in year 4 also returns and everyone has a clearer idea of the future and the virus…. My ex wife does want her to return, and has without telling me already confirmed attendance with the school.
What do I do? Its actually proper scary this time, and I have also recently found out about other hospitalisation incidents of the girls when younger that I was not informed of by their mother/inlaws.
I have tried for years but they do not listen, and I have tried to avoid police for the sake of my girls. I really do not want to risk my daughter going back yet. Do I have any rights?
Thank you so much and apologies for a Mammouth message. James
Thank you for your comment James. Your situation is clearly complex and the difficulties are long standing. We are not able to offer tailored advice on this forum but if you contact the office we will be happy to book you in for an initial appointment.
Hi I have a question my daughter real dad isn?t on her birthday certificate seen her once after she turned one has never seen or tried to contact me or her since she turns 5 soon what right does he have would she doesn?t know who he is and doesn?t ask about him but is very close to my partner who wants to adopt her eventually would I need his permission
As your daughter’s father is not named on her birth certificate he does not have parental responsibility for her, unless he has later made an application for a declaration of parentage of parental responsibility. He is however her legal father. If your partner made an application to adopt your child then the legal father does usually need to consent to the adoption.
Hi, i have a question, i had an unmarried partner who i just had a baby with this may We were not really in a relationship but he wanted to be in the babies life and wants his name in the birth certificate. However, he is very abusive emotionally and doesn’t like me involving or telling my family anything especially if it has to do with the baby even before be was born. Right now, he has refused to sign the babies birth certificate because my sister was in the theatre with me and he wasn’t there to cut the babies umbilical cord. . He demands he can only sign the birth certificate if i move out from my family house and move to the city were he stays which i total don’t want to. My question is, since he has verbally refused to be included in the birth certificate except i do as he says. My current partner, who loves my baby even before he was born wants to be a father and wants to take responsibility for the baby. Is legally ok to put my current partner’s name and exclude that of the my baby daddy as he is not clearly interested. He hasn’t called or visited to see or check on the baby since we left the hospital.
Thank you for your comment. You do not need to include the father’s name on the birth certificate when you register the birth. If he is not named on the birth certificate the father will not have parental responsibility but he is still your child’s legal father. You should not make a false declaration that another man is the father of your child when you know this is not true.
Hi,
I need a little advice, I have been with my partner nearly 10 years and the house is in her name mortgaged even though i have done all the building work etc since buying it and have a garage & summerhouse in my name including all building materials,
I myself(dad) have 2 sons from a previous relationship that have lived with us from day 1 as i had custody and now me and my partner have a 18 month old but we are at the end of the road i think,
I claim the child benefit for 2 of my chikdren as the 3rd is 17 and working and i ceased trading the day our baby was born to look after her and her mum until her mum returned to work and still do to this date We have all live together since the baby was born and still do but she is bein advised by family members to throw me and the 2 children that are not hers out my worry is i don’t want to leave our baby here as i am her main carer along with her 2 siblings on a daily basis and i imagine having 3 people move from a house will mess with her head even at a young age more than just 1 parent moving out.
Could You Please Advise & Sorry for the long story
Thank You
Hi,
I have a question, I have a five year daughter, and about 6 months ago I have split up with my boyfriend, she was born here and has a British citizenship. His name is on my daughter’s certificate. He lives (works) most of the time in US (also British) and sometimes comes for a visit. So I was pretty much on my own since my daughter was born.
My ex has now moved to US permanently and just applied for his US citizenship, also just found out that he got married.
Now, I am a single mum, finishing my degree, and my ex is helping us financially, for now until I get on my feet, that is what we agreed to.
Yesterday he threatened to take my daughter away. His reasons were: that he is married now, has a stable income, has provided for us and therefore she will be better of with him.
When I mentioned that we should go to mediation he said that he will fight for the right to be able to take her to US each year for the period of at least 3 months a year. He also said he will ask the court for my daughter to have a dual citizenship. He is also bullying me to move from London to a country side or US, leaving our relatives and friends behind. His reason – it costs too much and he will not be able to help financially.
Now, I am not so keen on his idea as I think it might be a part of his plan to take her away from me, and also as my little one is only 5 and my ex and his now wife both smoke weed quite frequently (which I have no proof of), I wouldn’t like her to be in this environment (unsupervised) until she is old enough to understand and be able to let her mum know about these things. So I really don’t like the idea of him taking her away.
Now, my question is: does my ex has any grounds to take my daughter away, including granting her
a dual citizenship and asking for a minimum of three months a year of visiting time? And what can I do to prevent this from happening at least until she is old enough?
Thanks
Thank you for your comment Sandra. This is a complex situation and we are unable to offer tailored legal advice on this forum. I suggest that you contact the office to arrange an initial appointment so that you can get he advice that you require.
My partner died in 2018 & his 18yr old son lives with me as have parental responsibility for him he is at college & will be going to university I get family allowance till September am I entitled to any other benefit? He has support at college as has learning difficulties.
Thank you for your comment Ann. Unfortunately, we are unable to provide benefits advice. Your local Citizens Advice Bureau may be able to help you.
My ex and I have split I now live at my mums with our son {2 weeks now} I have changed his school and changing his doctor I have told his mother and asked when she want to have our son she has text me saying 3 weekends a month is that legally binding she is currently claiming child benifit for him can I claim as he is living with me I’m currently unemployed due to being vulnerable during covid can I get housing and housing benefit as we are sharing a bed in room of my mum 2 bed bungalow my son is 9 and I’m on the birth certificate as was present at office when we registered his birth
Thank you for your comment David. You pose a number of questions and the answers to these will depend on the specific circumstances of your situation. You should take legal advice as soon as possible and if you contact the office we will be happy to book an initial appointment for you.
My partner and I have decided to separate however she has decided that she now wants to move away and take my daughter with her, not allowing me to see here the amount that is like to, we always said 50/50 but now it looks like 1 day a week.
She has my surname and I was present to register the birth, I’m just wondering if I have any recourse as to get her with me 50% of the time.
I’ve offered to pay maintenance, i will be the only one with a job in the separation etc.
Any advice would be greatly appreciated.
Thank you for your comment Stephen. You and your partner share parental responsibility for your child and should agree between you who she will live with and how often she will spend time with the other person. You ex-partner should not move away without your prior agreement. I suggest that you contact the office to make an initial appointment as soon as possible so that we can discuss the steps you can take.
My ex girl friend was suppose to have Abortion only for her to get to the hospital and refused to go ahead. I don?t know how she registered the little girl. Over 8 years now only for me to get letter in the post asking me for child maintenance. What are my options please?
Hi, I?ve found myself in an abusive relationship and I want to kick her out, we have three children and obviously I?d like to stay with me? Legally where do I stand?
The house is in my name, we aren?t married, and she has never paid towards any bills
Dear Noah. This is a delicate situation and I suggest that you contact the office to make an appointment to discuss how it can best be managed.
Hi, My son is on the birth certificate of his son but everything is still going through family courts and my son has just discovered that his ex partner and child have moved from where she lived without my son been informed…He now has no idea where his son is living, children services are also already involved in my grandsons wellbeing etc..My son has not heard from anyone regarding his son’s change of address and is heartbroken at the thought of never seeing his son again… The mother has also put in a false claim of assault and now my son has been charged and is waiting for his trail to start…Would this matter stop him from been informed about his son moving he is nearly 2 years old..Kind regards Sarah
Thank you for your comment Sarah. I suggest that your son needs urgent legal advice. Whether or not he should be told where his child is living will depend on various factors, including whether he has parental responsibility and whether the Local Authority think he poses a risk to his ex-partner and child. I recommend that he calls the office to make an initial appointment.
Hi team,
I am a bit anxious on my current situation. I have a son with my partner (unmarried) born in uk. he is on the child’s birth certificate but i want to move abroad with my son as i am romanian but my partner is british. i have no family in the uk, no help whatsoever,all my family is in romania. i know he will not allow me to go back home, what are my rights?
Hi Sandra. Your son?s father shares parental responsibility for your son with you and you cannot remove your son from the jurisdiction of England and Wales without his father?s consent or an order of the court. This is true whether you are leaving the jurisdiction for a holiday or permanently.
Hi, I have a 1-year-old baby with my girlfriend and we are breaking up. I have parental responsability and I’ve been taking care of the baby since he was born and I have a very special relationship with him. I have a couple of questions: Is it possible to ask for 50% of custody? Also: in case my ex-partner move to another city in the UK, what rights do I have?
Decisions regarding child arrangements are always made in a child?s best interests, and what is in a particular child?s best interests will depend on their particular circumstances. I suggest that you contact the office to arrange an initial appointment so that you can get tailor made advice.
Hi, My girlfriend and I are breaking up. We are not married but I have parental responsability and I’ve been super involved in everything since the early stages of the pregnancy. I have a great and special relationship with my son who I love so very much. What are reallistically my options to spend with him as much time as possible (ideally 50 %) Also, if the mother move out of London (without leaving England) what are my rights?There are more things that I’d like to discuss but these are the basic ones. Many thanks in advance. Best,
Thank you for your comment Joe. Decisions regarding child arrangements will depend very much the circumstances and the child’s best interests in those particular circumstances. I suggest that you benefit from legal advice around you current situation, if you contact the office we will be happy to make an appointment for you.
I have two children under 18 and live with their father. We are not married. I gave up my well paid job to bring up the children, we agreed my partner would support me. I also sold my house and put money (under 25%) into the house we live in now. The house is not in my name, only my partners name. If we split up I understand it is possible for the house to be transferred into my name until the children reach 18? How does this work if I wish to sell the property and move somewhere else?
Thank you for your comment Sarah. In some circumstances, your children’s father may be required to provide you and the children with a home under Schedule 1 of The Children Act 1989. This is however very case specific and you should contact the office to get advice about your particular situation.
Hello Lauren, thanks for your blog post.
In the UK, can a married man be on the birth certificate of a child from another woman? Is there any such reference in Common Law ?
Many thanks
Hi Sarah, thank you for your comment. If a man is the biological father of a child he can be named on that child’s birth certificate. Birth certificates are a matter of public record. I hope this is helpful.
Hi i am only Islamically Married to my partner , my daughter was born premature so whilst we was both still in hospital my partner went and registered her birth on HIS OWN. Now after 3 years we have seperated. My question is does he have parental responsibility? Im not legally married to him and i didnt go register the birth with him, he did it on his own.
Thank you for your comment Nazia. We are not able to offer tailored advice on this forum as we would need much more information from you. The first thing we would need to establish is the legal status of your marriage in the UK. If you would like to make an appointment then please contact the office.
I need advice, the father of my son said he dont want to sign birth certificate (witch I have proof) so I go and sign it without him on the birth certificate.
Now he find out I’ve go do the birth certificate him and his family start argument now he wants to be on it.
Can i just keep saying no as he not help pay towards anything for his baby as well he dont want to sign it in the first place
Thank you for your comment. I would recommend that you and your son’s father consider attending mediation to discuss not only the birth certificate and financial support, but also how you can co-parent your son effectively moving forward.
Hi,
The father of my child and I are no longer together but he is on my son’s birth certificate. He hasn’t been very present and hasn’t contributed at all financially or otherwise. Now he’s saying he no longer wants parental responsibility. Can he relinquish his PR and I have full responsibility of our son?
Your son’s father cannot relinquish parental responsibility for your son. He can chose not to exercise it, or if there were a dispute the court can, in certain circumstances, limit the exercise of parental responsibility.
Can I register baby birth certificate without his father present in uk
Thank you for your comment. You may find the information on the UK’s government web site helpful https://www.gov.uk/register-birth/who-can-register-a-birth as it provides information on how a child’s birth can be registered. I hope this helps.
Hi, the father of my baby is Egyptian. We have been together for 7 years but are not married. We are both desperate for his name to be on the birth certificate and for our son to have his surname but his visa was refused meaning that he is unable to be here in the UK for the birth or so that we can make the registration together. I have copies of all his documents (passport/I.D etc) and he is willing to do or sign anything it takes as long as it doesn’t require him to be here in person as he can’t – as much as he would have loved to. Any advice please?
Thank you for your comment Leanne and congratulations! You may find the information on the UK’s government web site helpful https://www.gov.uk/register-birth/who-can-register-a-birth as it provides information on how a child’s birth can be registered. I hope this helps. If we can assist on a formal basis please get in touch.
Hi Lisa
I?m a single mother who was never married but do appreciate that my child?s father has legal responsibility for him. My child lives full-time with me but does see his dad.
My child is an athlete and I?d like to enter into an endorsement contract with a brand, do need my son?s father signature on the contract as well as my own, or can I legally sign documents without him?
Thank you for your comment Anne. Assuming you and your son are resident in England and Wales your son’s father will have parental responsibility for him if he is named on his birth certificate. If your son’s father does share parental responsibility with you, then you should consult with him regarding all decisions regarding your son’s education, health and welfare. I would advise you to discuss any significant decisions you make on behalf of your son with his father and try to reach an agreement that is in your son’s best interests.
Hi there i need some advice my ex husband mother text me that her son want yo take our son out for few hours evening time for meal he came at 7pm he said he return him at 9 he called me at 10 he said he will not return him i am the one who he lives with at i dont know what to do he blocked my number and his mum not picking up either
Dear Katalin. Thank you for your comment. It is vital that you seek legal advice as a matter of urgency. We would recommend finding a lawyer in your area via Resolution https://resolution.org.uk/find-a-law-professional/
Hi, l spilt from my partner just over two years ago and since then my 5 year old daughter had been coming to mine every second weekend but then my ex found another partner and has totally stopped me seeing my daughter (since July this year 2020) and my daughter has said on a few occasions when l have been allowed to talk to her that she now has a new daddy who is better then me and my ex will not speak to me instead just keeps telling me she has full custody and our daughter is hers alone? I have just started meditation and she seems not willing so far but l do not understand how she think she has full custody? My name is on the birth certificate and our daughter has my last name. If meditation does not work, l know l will have to go to court to gain access to my daughter. We were never married and were together for 12 years. Does my ex partner automatically have full custody if we have spilt up? I have been trying to figure out why she thinks she has full custody when l have never signed any legal documents or given up my rights as a farther. Are you able to advise me if she automatically gets full custody? Thank you
Dear Paul, thank you for your comment. There is no ‘automatic’ right to ‘custody’ following a separation and you have Parental Responsibility as you are named on the birth certificate. We would recommend that you continue with Mediation but the family court is there to assist you and your daughter if your former partner remains unwilling to agree arrangements for you to spend time with each other.
You may find these resources helpful:
https://1gu3xt3qq8id2mr6f51sklsr-wpengine.netdna-ssl.com/wp-content/uploads/2015/12/FLP_Factsheet_-_Parental_Responsibility.pdf https://1gu3xt3qq8id2mr6f51sklsr-wpengine.netdna-ssl.com/wp-content/uploads/2015/12/FLP_Factsheet_-_Arrangements_for_the_children_following_relationship_breakdown.pdf
https://www.familylawpartners.co.uk/blog/how-mediation-can-help-parenting-after-parting/
https://www.familylawpartners.co.uk/blog/how-mediation-can-help-parenting-after-parting/
https://www.familylawpartners.co.uk/blog/child-custody-carrots-and-sticks/
If you are unable to resolve matters in Mediation we would recommend seeking advice from a Resolution lawyer.
My relationship has broken down due to emotional abuse. I am not married to my partner but he is named on my little boys birth certificate. I am in a positon where I need to travel from Scotland to get some respite and clarity at my sister’s house in England for a short stay. Can I do this without informing the father as I am concerned about the repercussions for myself and my child.
Thank you for your comment. We are solicitors based in the jurisdiction of England and Wales and are not able to comment on the law in Scotland. I recommend that you consult with a specialist family lawyer local to you.
Hi I am in a unique predicament. My daughter is 11 years old. I am marrying a US Citizen in the next year or so. My daughters biological father is on the birth certificate but has not been in her life consistently or contributed financially for 90% of her life. Her father was under the mental health act and sectioned before she was born and since then he harassed me, smashed my front door so I got a restraining order of which he breached then went to jail as a result. He was involved in a murder case in 2018 but was deemed unfit to plead and not convicted of the murder. Mediation wouldn’t be allowed as there is a history of domestic abuse. Seeking permission from him being mentally incapacitated to leave the country would be impossible and I am unsure of his whereabouts. I want to move to America to be with my fianc? and my daughter has built a relationship with this man also. What steps can I take? What documents do the US embassy expect when taking a child out of the country permanently? My daughters name is double barrelled so she has mine and his. Any advice would be appreciated as I can’t find any online at all!
Dear Anais, thank you for your comment. In the absence of your daughter’s biological father’s consent due to his incapacity you will need the court’s permission to permanently remove your daughter from the jurisdiction by making an application for a Specific Issue Order. The circumstances you describe are complex and as such you should seek legal advice from a Resolution lawyer as soon as possible. If we can assist on a formal basis please do get in touch. You may also find this article helpful: https://www.familylawpartners.co.uk/blog/external-child-relocation-a-case-study/
Hello , I am a single father who recently broke up with my partner , we have a 3 year old child who was born abroad, the child have my name on the birth certificate and she?s been with me for over a year now while her mum was living in another country . I been fully responsible of my daughter and financially supporting her since she was born , helping the mom while she was with her and now for over a year since she?s with me . Her mum came here a few months ago and now she?s planning to take her back , she have no job and can?t afford to have her, I feel very concerned as she wants to move to a developing country without really thinking of the future of the child, she couldn?t take care of her, I feel constantly harassed and threatened by her saying she will take the child away when I know she can?t financially sustain her.
What are my rights, what can I do in order to have my child with me? I been responsible of her all this time and I think of the future of my daughter
Many thanks
Dear David, thank you for your comment. We would recommend you seeking advice as soon as possible from a Resolution lawyer. You may need to consider applying to the court for a Prohibited Steps Order and/or a Child Arrangements Order.
You may find these resources helpful:
– https://www.familylawpartners.co.uk/blog/relocation-relocation-relocation-external-relocation/?mh_keyword=family+law+partners
– https://1gu3xt3qq8id2mr6f51sklsr-wpengine.netdna-ssl.com/wp-content/uploads/2015/12/FLP_Factsheet_-_Arrangements_for_the_children_following_relationship_breakdown.pdf
If we can assist on a formal basis please get in touch.
Hi, I am a single mother living in the UK. My baby was born in Belgium and his father still lives there. The father was added to the birth certificate in Belgium a few months after the birth, so the birth certificate registered in the UK (with the Foreign and Commonwealth Registry service) does not list him, only myself. In this circumstance would he be considered to have parental responsibility in the UK, should he ever move here? I would like him to have contact with my child, but he does not support him in any way and as a sole parent I feel more comfortable having full parental responsibility as I do not know the father that well.
Dear Isabel, thank you for your comment. I am sure this must be a very worrying time for you. My view is that if the father is named on the Belgium birth certificate the English courts are likely to view him as having parental responsibility. In the event they don’t, he would of course be able to make an application to the court for a parental responsibility order although there is no guarantee that he would be successful. You may find this factsheet helpful https://1gu3xt3qq8id2mr6f51sklsr-wpengine.netdna-ssl.com/wp-content/uploads/2015/12/FLP_Factsheet_-_Parental_Responsibility.pdf
Hi, i live my my partner(unmarried) ihave 3 children with him our relationship is not the best, but he keep saying i have to leave the property as it is soley on his name. Do i have any rights to stay in the family home and him leave as i have the dependants
Dear Nigat, thank you for your comment. I am sure this must be a very worrying time for you. Without knowing more about your situation and the background we are unable to provide you with any guidance. We would strongly recommend that you seek advice from a Resolution lawyer as soon as possible so that your options can be explored in more detail.
Hi I have a 15year old daughter who wants her step dad to adopt her . Her real dad hasn?t been around since she was 2 not one bit of contact my husband has brought her up with me . Would the courts put all that into consideration for the adoption also how does it work with parental responsibility as I wasn?t married to her real dad . She was born in 2006
Step parent adoption would extinguish the parenthood and parental responsibility (which the biological father would have if named on your daughter?s birth certificate) of the biological father. This isn?t something the court take lightly. Only in very rare circumstances would a court grant a step parent adoption. Anyone who is recognised as the child?s legal parent, provided they have parental responsibility, will need to be contacted to obtain their consent to an adoption order. This always includes the birth mother, but may not include the biological father. For example, if the biological father is not named on the birth certificate and so does not have parental responsibility, his formal consent is not required to an adoption order. It would be very rare for a court to dispense with a biological parent?s consent to the adoption. Even if the child?s other parent does not have parental responsibility and their consent is not technically required, the court will investigate the circumstances carefully and may seek their opinion and feelings about the process since an order will permanently extinguish their status. Parental responsibility can be obtained by other means so in many circumstances granting a step parent parental responsibility is opted for rather than adoption. Specific advice on your circumstances is beyond the scope of a blog post comment, if you would like to arrange a consultation please contact us on 01273 646900.
Hello thank you for all you do for people. I am an international student, my ex and i broke up after she discovered she was pregnant, though a week before this we had misunderstanding but later she contacted me that she was pregnant. she made the relationship difficult for us afterwards. I was black and she was white and we were both happy we were having a mix baby but recently she always had a reason to make us argue. 3months after she said she was pregnant with my child, i decided to support our unborn baby needs with £100 monthly from December, but in Jan and Feb i decided to buy baby things instead and spent about £300 on them and sent it to her address, but on receiving it, she texted me that I should stop buying or sending things that she does not want me to have anything to do with the baby and that she would make sure the baby does not know of me nor bear my name. She has blocked me on all social media. I want to know if she has the right to deny me of my unborn baby or rights. I feel i have been used. I have a been good person to her, never have I assaulted or abused her nor do i have any ill social behaviour or bad record . I am a typical good example to my fellow students and wonder why i have to go through this. The baby is due in 12 weeks. She doesn’t want me aware of the birth because she does not want me involved. I need your advice.
Dear Matthew, thank you for getting in touch. I am sure it must be a worrying time for you. Broadly speaking, a father does not have any rights to make decisions relating to the pregnancy and a father cannot have parental responsibility for a child until after it is born. See: https://www.familylawpartners.co.uk/wp-content/uploads/2015/12/FLP_Factsheet_-_Parental_Responsibility.pdf.
The mother automatically obtains parental responsibility on the birth of the child and it is for her to decide whether she will allow you to attend the registration of the child’s birth and to be named on the birth certificate. There is no legal requirement that you are added to the birth certificate. Once the child is born you can apply for parental responsibility via the family court and once that is obtained you can also apply for a Child Arrangements Order. However, we would recommend inviting your ex to engage with mediation or a family consultant to see if you are able to resolve the matters between you so as to avoid involving the court if possible.
You may find these articles helpful:
https://www.familylawpartners.co.uk/blog/how-mediation-can-help-parenting-after-parting/?mh_keyword=%2Bfamily%20%2Blaw%20%2Bpartners
https://www.familylawpartners.co.uk/wp-content/uploads/2015/12/FLP_Factsheet_-_Arrangements_for_the_children_following_relationship_breakdown.pdf
I have a 16 month old child, and the father is on the birth certificate, we share a rented house, he does nothing for our child, won’t take care of him so that I can work part time, recently walked out on his job. He comes home all hours of the morning, I believe that he is taking drugs. How can I get away with my child? Can he stop me from leaving with my son? If he does what can I do!? I’m the one who is taking care of him and receive his child benefit. Please help me!
Dear Sian, thank you for getting in touch. I am sure this must be a very worrying time for you. I would recommend seeking urgent advice from a Resolution lawyer as soon as possible.
My daughter’s father is named on her birth cert, but even before she was born the relationship has been strained and I wanted to leave him out of the birth cert (we are not married). Now we are going to finally separate, is there any way to remove him from parental rights?
Dear Elizabeth, thank you for your question. The biological father’s name cannot be removed from the birth certificate. Because your daughter’s father is named on the birth certificate he has, what is known as, Parental Responsibility, as do you.
The removal of parental responsibility is only possible in extreme cases and should only be ordered by a court when it is necessary to protect the child and from serious emotional and physical harm. You may find these factsheets helpful:
https://www.familylawpartners.co.uk/wp-content/uploads/2021/03/FLP_Factsheet_-_Parental_Responsibility.pdf
https://www.familylawpartners.co.uk/wp-content/uploads/2021/03/FLP_Factsheet_-_Arrangements_for_the_children_following_relationship_breakdown.pdf
I am pregnant, but we are not married. I want my children to have my surname as I am the last one with that name (my parents both died young and I have no cousins with the same name). However, my partner is insisting that the child have his name – even though his brother’s and cousin’s children already carry it.
Can I legally prevent this?
It’s incredibly important to me but I am afraid of going through/affording a legal battle that I could lose.
Thank you for getting in touch. In England and Wales a mother is able to register the birth of a child without the child’s father if they are not married. https://www.gov.uk/register-birth/who-can-register-a-birth Following the birth of your child the father would be entitled to make applications to the family court to deal with the child’s name, his parental responsibility and whether the father is added to the birth certificate amongst other things. Whether he would be successful in all or some of those applications will be very case specific. You may find these factsheets helpful https://www.familylawpartners.co.uk/wp-content/uploads/2021/03/FLP_Factsheet_-_Parental_Responsibility.pdf https://www.familylawpartners.co.uk/wp-content/uploads/2021/03/FLP_Factsheet_-_Arrangements_for_the_children_following_relationship_breakdown.pdf https://www.familylawpartners.co.uk/blog/unmarried-parents-legal-rights/
Good morning i need some advice. My daughters father has been in and out of her life since she was 8 weeks old. For 5 months he had no contact at all with my daughter. I have always kept the door open for him to see my daughter. He is not on her birth certificate . I have spent the last few month supporting him to establish a relationship with my daughter. He has only just started to have her on his own this week but has demanded next week she will be sleeping at his house. I personally feel this is a big step and I am not happy with over night stays taking place . He said that it is happening regardless if I want it to or not as he will “keep” her and not return her ontill the next day. Would he be able to legally keep her
Dear Katie, thank you for getting in touch. I am sure this must be very worrying for you. We would recommend getting some urgent legal advice from a Resolution lawyer as soon as possible.
If your daughter’s father is not named on her birth certificate then he does not have parental responsibility (unless he has obtained a Parental Responsibility Order from the court or you have both entered into a Parental Responsibility Agreement). See here: https://www.familylawpartners.co.uk/wp-content/uploads/2021/03/FLP_Factsheet_-_Parental_Responsibility.pdf
If you are concerned that your daughter’s father will not return her then you may want to consider suspending the arrangements until such time as a formal agreement is in place – such as a Child Arrangements Order or a Parenting Agreement.
If your daughter’s father does not return her to you then the police may be willing to assist (particularly if the father does not have Parental Responsibility and/or you are concerned that your daughter may be in danger) but if not you will need to make an urgent application to the court for an order that she is returned to your care. To avoid such a situation it is far more beneficial to ensure that there is a clear agreement between you as to the arrangements and if you are unable to agree we would recommend engaging in Mediation.
I wonder what I can do , the father of my child was abusive towards me and I split with him last year, he took our daughter from me and still controls everything, he moved in with his new girlfriend less than 2 months after the split and moved my daughter in too. He now causes arguments, only allowed me to see her on weekends which constantly changes to suit him. I have met someone else and he is now threatening to withhold my daughter from me because of the fact that I am no longer single , my partner is completely safe and is good around my daughter, im feeling that it’s jealousy, im not sure what I can do, I suffer with ptsd which my ex knows and he pushes all my buttons to trigger me . I don’t want to lose my daughter I don’t know what to do
Dear Jess, thank you for getting in touch. It is important that you seek advice from a family law specialist who is a member of Resolution as soon as possible. If we can assist on a formal basis please get in touch for an informal discussion.
In the meantime you may find these articles/factsheets helpful:
https://www.familylawpartners.co.uk/wp-content/uploads/2021/03/FLP_Factsheet_-_Arrangements_for_the_children_following_relationship_breakdown.pdf
https://www.familylawpartners.co.uk/blog/how-mediation-can-help-parenting-after-parting/ https://www.familylawpartners.co.uk/blog/co-parenting-after-divorce/
Hi there, i’d like some advice please. My partner and I have a 6 week old boy together (my first, her second) but our relationship is on the rocks. If we were to separate she would move back closer to her family, approx 200 miles away from me. I would either be able to send some money each month to support the child, or visit him a couple times a month, but not both. I’m in a better position to take care of him as i work, will find it easier to sort out suitable accommodation (she has a sketchy credit history), and i believe she’d struggle to look after the 2 children despite her protests (she can sometimes become overwhelmed even when i’m there to help). What rights do i have as the named father on the birth certificate? She’d have to agree to him living with me instead of her which i know she wouldn’t do, but i honestly believe would be the better solution for the care of our son. Any advice would be greatly appreciated, thank you.
Thank you for getting in touch. If you are unable to agree the arrangements for your son e.g. where he is to live and how much time he spends with each of you, you will need to consider making an application for a Child Arrangements Order and/or a Prohibited Steps Order through the court. You could also consider using the Arbitration process if your partner were in agreement. We would urge you to consider inviting your partner to engage with the Mediation process in the first instance.
You may find these articles and factsheets helpful:
– https://www.familylawpartners.co.uk/wp-content/uploads/2021/03/FLP_Factsheet_-_Arrangements_for_the_children_following_relationship_breakdown.pdf
– https://www.familylawpartners.co.uk/blog/how-mediation-can-help-parenting-after-parting/, https://www.familylawpartners.co.uk/blog/what-is-c,
– https://www.familylawpartners.co.uk/blog/child-residence-order-often-wrongly-referred-to-as-child-custody/hild-arbitration/,
– https://www.familylawpartners.co.uk/blog/relocation-relocation-relocation/
We would strongly recommend seeking advice from a specialist family lawyer who is a member of Resolution.
Hi,
Seeking some advice…
I have a child 7yrs, father is on the birth certificate but not married, child has always lived with me. I have tried co parenting for years and hasn’t work. Our child came back home after visiting their father and said they went to church. Their father was never religious before until recently and has found a new focus which is fine however I expressed how I feel uncomfortable cause it was never discussed beforehand and went anyway (he wants our child to interact with other kids who are similar to are child’s skin colour – our child is from a multicultural background and also goes to a multicultural school) I said that he could do that out of church but he’s dismissing anything I say and going to continue to take them despite how I feel. Please if you can advise the best way to handle this. Thank you
Thank you for getting in touch. These types of issues are often difficult to overcome especially when parents have different views on religion. We would recommend inviting your child’s partner to engage with Mediation or with a Family Consultant so that you can discuss your concerns and agree a way forward. We would not recommend court proceedings to resolve this issue but you do have the option of making an application for a Specific Issue Order. The overriding consideration for the court is “what is in the best interests of the child” and when answering this question, the court is guided by a criteria known as the Welfare Checklist.
You may find these articles helpful:
https://www.familylawpartners.co.uk/wp-content/uploads/2021/03/FLP_Factsheet_-_Arrangements_for_the_children_following_relationship_breakdown.pdf
https://www.familylawpartners.co.uk/blog/religion-and-broken-families https://www.familylawpartners.co.uk/blog/co-parenting-after-divorce
I m not married as civil registration. But married like religious basis. I have two kids with my partner. We want separation. He have drink n drive ofense. He drink too much.. always fighting with me he give me silent treatment.. i just want to leave him. But he want kids both. He said i give you money. And go wherever want. Just kids i never give you. But seriously i dont want give him my kids. Pls help me wt i do.. on birth certificate his name as father
Dear Nicky, thank you for getting in touch. I am sure this must be a very worrying time for you. We would recommend speaking to a specialist family lawyer who is a member of Resolution as soon as possible. If we can assist on a formal basis please get in touch.
Dear Lisa Burton-Durham
My twin sons were born in 2010, Father(myself) am a dual British and Nigerian citizen and I have shared parental responsibility. Myself and their Mother were never married or in a relationship of any substance. Mother is a French and Algerian Citizen. After our children’s birth Mother alienated me from our children’s lives. Mother went on to obtain British Passports for my children and travelling to non convention countries without my consent. At the time of birth if Mother did not have settled status in UK has she broken the law by obtaining British Passports for children? Also the twin boys now have another brother who was born in Canada. All children including myself are registered as a Nigerian Family at the Nigerian High Commission and we all bear the same surname. Did Mother have the right to assert British Citizenship and draw British Passports for children outside of my consent and knowledge? Are all three children considered to be part of one family within the law. Thank you for your time.
Thank you for getting in touch. We are unable to comment or provide advice in relation to immigration issues. We would recommend seeking advice from an immigration lawyer. You can find details of immigration lawyers here https://solicitors.lawsociety.org.uk/
Hi ive been in a relationship for just over 16yrs and dad is on birth certificate so i fully understand he has legal rights to his children and thats totally fine i would never stop my kids from seeing their dad and since being a mom its only now after 14 years ive started to get my life back go to college work and earn money after being a stay at home mom so on paper i have nothing but the money i get for my children etc and the very little wages i get, in the past when we have arguments he’s called me very hurtful names we have lashed out on each other so its a two way thing but he went one step further and recorded me and now he keeps threatening to take my kids when moves out so couldn’t evan claim housing benefit top up my wages to keep roof over mine or kids head just to spite me and says if i dont let him leave with the kids he will call the police and take me to court and show the videos he recorded to stop me having contact when he’s not innocent himself so he’s blackmailing me in theory my son will be 15 in January and my daughter is 13 next month i wanted to if i can still apply for 50 50 custody if my kids are teenagers. Thanks
Dear Mandy, thank you for getting in touch. I am sure this must be a very worrying time for you. We would recommend that you seek advice from a Family Law specialist who is a member of Resolution as soon as possible. They will be able to discuss your options with you. The court are able to make a Child Arrangements Order in relation to children who are under the age of 16.
You may find these articles and factsheet helpful:
https://www.familylawpartners.co.uk/wp-content/uploads/2021/03/FLP_Factsheet_-_Arrangements_for_the_children_following_relationship_breakdown.pdf
https://www.familylawpartners.co.uk/blog/domestic-abuse-and-child-arrangements?mh_keyword=family%20law%20partners
https://www.familylawpartners.co.uk/blog/building-a-successful-parenting-plan-a-tool-kit-for-separated-parents?mh_keyword=family%20law%20partners
https://www.familylawpartners.co.uk/blog/can-i-stop-my-ex-partner-having-contact?mh_keyword=family%20law%20partners
Good Day,
Can you give me an advise on my situation?
My father is a British Citizen (born in UK with British Parents) and my mum is Filipino. They married on court back in 1990, and I was born a year after here in the Philippines. When I applied for a British passport a few months back, it turned out my mum had a previous marriage 10 years prior to the one she had with my father. Do I still have a claim to British Citizenship?
Your response will be much appreciated.
Dear Michael. Thank you for getting in touch. We are unable to provide guidance and would suggest that you speak to an immigration lawyer who you can find via the Law Society’s website – https://solicitors.lawsociety.org.uk/
Dear readers i sort of have a situation in my hands here.
I please to end my relationship with my boyfriend of 7 years. But we have a 3 year old boy together. And hes using him as a pawn to keep me in this relationship as he keeps repeating that if i move out he will call the police and social services and take my boy away from me .
So i am sort of desperate, because i want to resolve the situation as peacefully as possible. But it seems like hes gonna use our son and keep me locked in to this relationship.
Is there any advice i could have? Can he really take a kid away from a mother just because i wanna end it with him?
Dear Jasmine, thank you for getting in touch. I am sure this must be a very worrying time for you. Social Services would need a court order before they could ‘remove’ a child. We would recommend speaking to a lawyer who specialises in family law as well as a family consultant/therapist who can support you in planning your exit from your relationship. You will be able to find professionals who can assist you via Resolution.
Hello,I hope you can help me.
What can happens if the mother of the children are a mental sick person, her family is having problems with alcohol and drugs and emocional problems and she is spoiling the children in bad ways. What are the solutions for that? because the main problems here are the emocional health of the children. The woman is now with another man and she is having a new born very soon also she is in a relationship with a new man. What kind of advise can you share. I am living in Finland. And I am new here. The mother of the children has never been married with any man. The problem is my new couple is struggling a lot and i am very worried about it. Men are also in problem not only Women. Is time we break paradigms. I am very sad about this because also they are in problems. And as his fiance i am very sad and worry about it. Maybe it is not my problem but He is so desperate and he cries all the time because he wants to be in his children life. He has tried everything such as shared parenting, calling the children institution for improving everything for rising their children in good ways but is very hard. The mother is rising them in very bad enviroments. </3 I hope you can give me any advise becase is hard hiring law service. The mother is with a pention but she is figthing a lot my fiance dont see their kidz. when he only wants to be a nice dad he does not even fight the money he only wants their children around and happy.
S.O.S.
Thank you for getting in touch. I am sure this must be a very worrying time for you. Unfortunately, as you are based in Finland we are unable to assist. We would recommend speaking to a lawyer who specialises in family law in your local area.
im still with my partner but when arguing he threatens to take my son and move back to england (hes from england & im from northern ireland) we have lived in NI together for many years and our son was born in N.I partner is on the birth cert.
i work full time and he stays at home with our son. i pay for all bills etc. im just looking to see could he really take our child and move to england? he says he could because Im at work all day so not looking after our son during the day and even the court would agree with this? i just want to put my mind at ease during these silly comments
Dear Jane, thank you for getting in touch. As you and your son are living in Northern Ireland you will need to seek advice from a lawyer local to you. We are only able to provide advice in relation to the jurisdiction of England and Wales. If it helps, the position in England and Wales is that your son’s father would need the permission of the court to relocate to another jurisdiction if he were living in England and threatening to move to Northern Ireland for example.
I was in an abuse relationship, my ex-partner was a manager (still is) and we agree that I was at home with my son (he is 3 years and 6 months). I would work after she got home, but of course she was making much more money than me. When here family used to visit us, she would kick me out of bed and sleep with my son and her 2 children. She wanted to go to Portugal to see her grandmother, because she used to tell me she might not see her again, but she wanted to take our son with her. I was against, because of the COVID and because my son goes to the nursery home and he has a routine. I asked her why couldn’t she go by herself and return on the same day or the next. She used to make me feel guilty, saying that if her grandmother died I would be the one to blame. She would say something to me and on the next minute she would say “I didn’t say that”. If I complained about something, she would not talk to me for weeks – even if I would do what she wanted. I could be talking to her and she would ignore me or pickup the phone or start tAndslkibg with our son or going somewhere in the house. She used me to do the move, from one house (on both names) to the other. She started to be worse when I decided to stop working on her Company (where she is the manager) and start working on other place, because I wanted financial independence. She used to throw to my face the fact that she was paying the bigger bills. On the 1st of January, she kicked me out of the house (was on her name) I said “ok” and start packing, after that she told me “and leave the car keys, also”. I work at a care home, 16 miles from there. I had to walk with a backpack and another bag on my shoulder, leaving my son behind, calling me. I called the manager and she got me a home for a couple of days. Yesterday, I asked to see my son and she agreed. When I was waiting for them, she send a message saying it was raining and she didn’t wanted to break my son routines. She broken them when she kicked me out of the house. My son and I we are used to be together every day. I told her that she couldn’t deprive me of seeing my son and she didn’t replied… In this relationship I felt always confused, she never respected me or my needs, she would complain about lies, she would deny facts. I can’t express myself how I feel and I can’t believe that someone could do this to another person. I feel very sad and sorry for my son.
Dear Miguel, thank you for getting in touch. We would recommend seeking advice from a family lawyer who is a member of Resolution as soon as possible. In the meantime you may find these information resources helpful https://www.familylawpartners.co.uk/wp-content/uploads/2021/09/Family-Law-Partners-Arrangements-for-the-children-following-relationship-breakdown.pdf https://www.familylawpartners.co.uk/blog/co-parenting-essential-guidance-for-separating-parents
https://www.familylawpartners.co.uk/blog/building-a-successful-parenting-plan-a-tool-kit-for-separated-parents https://www.familylawpartners.co.uk/blog/how-mediation-can-help-parenting-after-parting
My ex-partner and I were never married, but we registered our daughter’s birth together. He does and always has lived in the United States and has only visited for a few weeks each year and has not consistently provided any financial support. Can I or do I need to get any kind of formal declaration stating that I have sole parental responsibility and/or custody? My ex-partner and I have an amicable relationship, and he has stated throughout that he does not want any responsibility, so I think he would be more than happy to sign something.
Dear Virginia. Thank you for getting in touch. It is extremely unusual for a parent’s parental responsibility to be terminated and there would need to be very good reasons for doing so – not seeing a child or not paying child maintenance are not usually sufficient reasons. In the circumstances it may be more appropriate to consider whether a Child Arrangements Order should be made (by consent). We would recommend you seeking advice from a family lawyer who is member of Resolution to discuss the options that are available to you. If we can assist on a formal basis please get in touch.
I am a single mum of 4 year old. I was never married with my ex partner and his name is not on my daughter’s birth certificate. He never acknowledged her. When I found out I was pregnant I notified him and he told me to sign an agreement never to chase him for child maintenance. When my daughter was born I requested for the dna test to be done before registering my daughter at the time of which he refused to partake and kept on saying that she wasn’t his child despite of numerous occasions requesting for a DNA test. He never provided for her from the the day she was born. After 4 years without communication I received an email from him requesting for DNA, change my daughter’s name to his and requesting for parental responsibility. I didn’t reply to his demand and again he sent another email if I don’t adhere to his request within 21 days he will proceed with mediation process. I need some advice on how to handle situation. It has been very stressful and gives me anxiety. He always refer my daughter as the child or your child as opposing to my child. He never been part of her life from the day she was born. I need some advice on how to handle this situation and what are legal implications? Where do I stand?
Dear Rita, thank you for getting in touch. I am sure this must be a very stressful time for you. I am sorry but we are unable to provide advice on specific cases within this forum but would recommend that you seek legal advice from a specialist family lawyer who is a member of Resolution as soon as possible. If we can assist on a formal basis please get in touch.
Father and mother are unmarried with two children whose ages are 10 and 12 years old. The house belongs to the father but the mother has custody of the children, there is impending separation, can the father evict us from the house?
Dear Patricia, thank you for getting in touch. We would recommend seeking advice as soon as possible and certainly before you separate, from a specialist family lawyer who is a member of Resolution. If you are not the joint owner of the property you will need to consider taking steps to prevent you and the children from being ‘evicted’. You may need to consider applying for an Occupation Order and you may find this blog helpful.
My brothers partner is blackmailing him with thier son. They currently reside in Birmingham. My brothers partner is from Stoke originally. She continually says and does what ever she wants to anyone in my family with no repercussions. She just threatens to move back to Stoke with his son. My nephew. He was born in Birmingham and Iives in Birmingham currently. Can she just leave and take her son with her
Dear J. J, Thank you for getting in touch. I am sure it must be a very anxious time for your brother. We would recommend that your brother speaks to a specialist family lawyer who is a member of Resolution about the issues relating to his son and to consider how he might resolve the current difficulties with his former partner. There is no specific law which prevents your nephew’s mother from moving to another area if she wishes to. However, in circumstances where your brother does not consent to the move she should make an application to the court for permission to relocate your nephew to another area. Alternatively your son could also make an application for a Prohibited Steps Order to prevent the move. Your brother may find this article helpful https://www.familylawpartners.co.uk/blog/relocation-relocation-relocation
Hi. If I want to leave my DDs father and take my DD with me do I need any permission at all?Usually he says that I can go, but without our DD.
Dear Tania, thank you for getting in touch. We would recommend seeking advice from a specialist family lawyer who is a member of Resolution to discuss the options available to you.