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court contact order for a newborn?

13 replies

midorimum · 24/10/2007 17:31

im posting this for a non computery friend who i had told about my earlier post and the good advice received

my friend had quite a volatile on and off relationship with a man for about a year and a half, they split when she was 3 months pregnant got back together very briefly and now the relationship has broken down again, she is due in february and had a scan just the other day as there were suspected heart problems but everything looked ok, after the scan which she took ex along to, he asked if she wanted to go for lunch, she took this to be an end to hostilities and thought he was just happy that the baby was ok.

however in the restuarant he started tearing into her that he wanted her to sign a form giving him full parental rights and that he would be taking the baby overnight right away "to give her a break"

now this man has 4 children from a previous relationship and my friend has witnessed him grabbing his older girls 15 & 17 by the clothes, forcing them up against the wall and screaming in their faces, and smacking his son 5 when he was just larking about bored because he was stuck in the house. he
seems to snap quite easily but obviously she has no proof of what she has seen.

he also demanded that the baby be given his second name and wants her to sign the parental rights agreement before the baby is born so that he can ensure this, it is my understanding that you cant sign this until after the baby is born as it asks for the baby name and date of birth so i dont think this will be possible unless there is another form for this.

my friend really doesnt want the baby going to him overnight as he is a heavy drinker at the weekends and frequently puts his younger kids to bed and goes out and gets bladdered.

would a court order a newborn to stay with the father overnight right away?
she cant breastfeed due to a medicine she is on so she cant use that as a reason not to go.

any ideas/experience?

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Bessie123 · 24/10/2007 17:34

that sounds terrible.

The childrens legal centre (I think it is www.childrenslegalcentre.co.uk) can give free advice and depending on your friend's income, free representation - your friend should give them a call.

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pukkapatch · 24/10/2007 17:38

if she isnt married to him. then he cant prove that the baby is his. unless a dna test is done etc, and she would have to agree to it.
basically, as long as she doesnt admit he is the father then the man has no rights whatsoever.

why on earth did she ever take him along to the scan?

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Joash · 24/10/2007 17:39

however, he does actually have full parental rights once the baby is born

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demonaid · 24/10/2007 17:40

Firstly, he can't make her give the baby his last name -- even if they were married he couldn't do that (although if they were married then either of them could register the birth in whichever name they wanted). As they aren't married she has to be there to register the birth so she can choose the name.

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demonaid · 24/10/2007 17:42

He only has full parental rights if he can prove he's the father, though, doesn't he?

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Bessie123 · 24/10/2007 17:42

He only has parental rights if either your friend signs a parental responsibility agreement or the court gives him parental responsibility; it is not automatic at birth. Do bear in mind, though, that the baby has a right to a relationship with his or her father, unless the father is likely to harm the baby (he does sound quite violent)

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demonaid · 24/10/2007 17:43

i.e. if she doesn't take him along to register the birth and doesn't put his name on the birth certificate then he doesn't automatically get parental responsibility and would have to apply for it in the old-fashioned way.

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Bessie123 · 24/10/2007 17:46

even with his name on the birth certificate he does not automatically get parental responsibility if they are not married.

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demonaid · 24/10/2007 18:06

I had the impression that he would (have parental responsibility if his name is on the birth certificate) if the child is registered after 1 December 2003 (which this one clearly will be). In fact, I'm fairly certain of that.

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midorimum · 24/10/2007 18:22

we are in scotland where the law was changed in may 2006 so if they register the birth together he has full parental rights automatically, although the relationship has now degenerated so much that its unlikely she would take him along to register the birth anyway so i think it would need to go to court, which is why he is trying to bully her into signing the agreement.
she took him to the scan as she thought it was the right thing to do, seeing as the baby might be ill, and the previous week he told her he wanted to make a go of it and move in together etc, then dissappeared for the whole weekend and started sending abusive texts. this is his regular patern hes either all sugar or all sh*te as they say!

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nappyaddict · 24/10/2007 18:41

unmarried fathers do not automatically have parental responsibility.

they get parental responsibility by jointly registering the child's birth. if i was her i would go without him.

the only way they can then get it is through the court which they have to apply for. i would want to make it as difficult as possible for him.

courts don't often refuse parental responsibility to a father but they might if you can prove he is abusive and often drunk.

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Freckle · 24/10/2007 18:43

What about his other children's mother? Would she testify to his violence? Would the children?

I doubt very much a court would order contact for a newborn which involves taking the child from the mother - particularly if she is breastfeeding. And, with a history of violence, it is even more unlikely.

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beller · 25/10/2007 08:21

nappyadict and demonaid are right..he only gets full parental responsibilitys if he goes along and signs the birth certificate too. He can go to court afterwards, but that woudl take time,and it sounds liek she is worried about immediately after the birth?

these might help
www.childrenslegalcentre.com/Templates/Topic.asp?NodeID=89632
www.direct.gov.uk/en/Parents/FamilyIssuesAndTheLaw/ParentsRights/DG_4002954
www.gro.gov.uk/gro/content/births/

Good luck xx

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