Wanting more contact(6 Posts)
NC for this. I'm asking for some help for a friend - I'm not a new partner sticking my nose in. But if you have any advice I'd be grateful.
If a child is born following a casual relationship which turned sour (but not abusive), and the man is acknowledged as the father but not on the birth certificate, does he have any rights to see the child?
Paying maintenance and just looking for a minimum of 2 hours a week. More would be fantastic. Mum won't let DD (2.5) leave the house with dad, even to go to the park in the next road. Contact has been minimal and at her house since birth with last minute cancellations by mum. No going to the park, the beach or visiting extended family in the same town.
Is there anything that the dad can do?
If the man can show evidence of the accepted parentage he can apply to the court for parental responsibility. Then he can apply for a proper contact order. . Maybe the court would order dna if the ex is uncooperative about him being the df.
Thank you. I didn't think it would go anywhere at court without the birth certificate confirmation.
He can get a court order for a DNA test and then a court order to be put on the birth certificate and then access. Long and expensive I'd imagine but easily doable.
The fact that the father is paying maintenance suggests that both he and the mother acknowledge that he is the father. He should apply to the court for parental responsibility. If the mother disputes this then a DNA test can be carried out.
Yes he absolutely can get better access. This makes my blood boil. Children aren't possessions and EVERY child has the right to a loving full relationship with their father if to do so would not compromise that child's welfare.
This is entirely doable without a lawyer. The only expense will be court fees. Court fees can also be free or reduced depending upon income. Always apply for 'fee exemption '
1.You need to call the local family court and ask for the forms to apply for parental responsibility. Simply answer the questions and submit the required forms. This should be fairly simple procedure as the mother has already stated that your friend is the father in order to make the Child Maintenance claim. So would doubt she would dispute this. If she does the court can order a DNA.
2. Once PR granted he can apply for Child arrangements order (CAO) court fee £215 last time I looked but may have gone up. Again , fee reductions are available. The starting point for contact is normally 50/50 unless one parent is at home and the other working. The 'average' normal is Every other weekend 6pm Friday to 6pm Sunday and an evening in the week after school for supper/activity.
Although judges are increasingly awarding 50/50 as most parents male and female work these days.
Good luck and let us know how you get on.
Had a decade of contact order experience from POV of non resident parent so please pm me if you have any questions about self representing.
If you need legal advice lots of very knowledgeable family lawyers on the legal board.
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