Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Education

Join the discussion on our Education forum.

Original poster

Her dad isn't legally her parent

31 replies

jobling · 27/02/2023 09:25

I took my DD on holiday in school time (yr 6) after covid cancellations with my DM, my DP didn't come and didn't agree with taking DD out.

My DP has been my DP for many years and is Dad to DD but ultimately there is nothing official (no father on birth certificate or any other legal documents).

I got issued a £60 for me and £60 for DP for DDs absence. It upset DP greatly as he didn't want a ccj or anything so I paid it after calling the council to disagree. They told me he was liable to pay as he lives with me and I couldn't appeal!

So does this mean he would automatically have my daughter if something happened to me?

I'm not saying my DP is a lodger at all but would this also mean that a lodger would a lodger be liable to pay a school fine if they'd lived in my house for a number of years?

I'm just curious really as to know why I would have been fined for DP!?

OP posts:
kindercup · 27/02/2023 09:33

He is her dad so he is liable

kindercup · 27/02/2023 09:34

Oh wait, did I read this incorrectly?

You say he is her dad but then go on to say he isn't? Or he isn't on her BC but is her dad?

toomuchlaundry · 27/02/2023 09:35

Does he have parental responsibility?

knittingaddict · 27/02/2023 09:39

So is he the biological father or isn't he?

Dontfeedtheseagulls · 27/02/2023 09:39

When you applied to the school did you put him down as father?
Does he receive the school email newsletter?
Does he sign homework diaries or consent forms?
Does he go to parents evening?

If so the school is entitled to say that he is her father in this sense.

He can't pick and choose.

Bunnyishotandcross · 27/02/2023 09:43

Your dp has no legal obligation to your dd in any way. Paying the fine was daft imo. We actually had 2 fines also. Dc aren't dh's. I binned both letters anyway!

Findyourneutralspace · 27/02/2023 09:44

Does he have PR?

IncompleteSenten · 27/02/2023 09:45

Is he her biological father?

prh47bridge · 27/02/2023 09:46

It sounds like he has care of your child, given that he is dad to your DD. He is therefore liable for attendance fines even if he is not your child's biological father and does not have parental responsibility. Simply living with you is not enough, but acting as your daughter's father makes him liable.

bellac11 · 27/02/2023 09:47

If he isnt on the birth certificate as OP says then he doesnt have PR, unless its been court ordered at a later date after her birth and OP says there is 'nothing official' to say he is her dad

Its not clear whether this child is his biological child or not. My understanding is that only parents with PR are fined for school absence so Im not sure this is correct, or perhaps Im wrong

Squirrelonwheels · 27/02/2023 09:49

@Bunnyishotandcross You may find yourself prosecuted if you don’t pay the fines.

Ceryneianhind · 27/02/2023 09:51

toomuchlaundry · 27/02/2023 09:35

Does he have parental responsibility?

this - is he on the list at school?

bellac11 · 27/02/2023 09:52

Why do people keep aksing if he has PR, OP sets out in her OP that he is not on the birth certifice and there is nothing 'official' to say he is her father.

DeoForty · 27/02/2023 09:52

Parental responsibility is assumed if a number of criteria are met. It's on the government website and varies according to where you are in the UK.

Ali85 · 27/02/2023 10:03

As others have said, your OP is not very clear on the relationship between your DP and your DD. Do you mean that he is her biological father but not on the birth cetificate?

In any case, assuming your are in England or Wales, the defintion of parent for the Education Acts includes:

Biological parents (married or not)
People with PR, regardless of whether they are parents
Any person with care of the child

You can check the law here www.legislation.gov.uk/ukpga/1996/56/section/576?view=extent

and the government guidance here: www.gov.uk/government/publications/dealing-with-issues-relating-to-parental-responsibility/understanding-and-dealing-with-issues-relating-to-parental-responsibility

Original poster
jobling · 27/02/2023 20:00

Sorry. No he is not biological father and not on birth certificate. He has been my DP for many years and DD calls him dad

OP posts:
Original poster
jobling · 27/02/2023 20:03

Yes he was on the list of contacts for school and so was my mum. He was never down as official father and we do not have the same surname

OP posts:
Original poster
jobling · 27/02/2023 20:27

OneFrenchEgg thank you for the link. I think that covers it. DP is under the same roof and looks after my (our) DD even though not biological or legal
Thank you

OP posts:
MaireadMcSweeney · 27/02/2023 20:33

The school/council are wrong. Your DP is not legally liable for paying a fine.

Ali85 · 27/02/2023 21:11

MaireadMcSweeney · 27/02/2023 20:33

The school/council are wrong. Your DP is not legally liable for paying a fine.

What makes you draw that conclusion? It certainly sounds plausible that he might fit in the Education Act definition, though we don't have that much information.

prh47bridge · 27/02/2023 22:01

MaireadMcSweeney · 27/02/2023 20:33

The school/council are wrong. Your DP is not legally liable for paying a fine.

On the information given, the school and council are right. The Education Act definition of parent includes anyone who has care of the child, even if they are not a biological parent and do not have parental responsibility. Since OP's partner is dad to her daughter, he has care of her and is therefore liable for attendance fines.

OneFrenchEgg · 27/02/2023 22:10

jobling · 27/02/2023 20:27

OneFrenchEgg thank you for the link. I think that covers it. DP is under the same roof and looks after my (our) DD even though not biological or legal
Thank you

No problem - I remembered there was a difference from when I worked with families. Glad it seems to make a bit more sense even if it's still £££

Zodfa · 02/03/2023 11:29

In the above guidance link, "the department considers a parent to be: - all biological parents ...". I would think your DP is a biological parent in fact even if this isn't on any paperwork, and the DfE don't seem to make a distinction here.

percypercypercy · 02/03/2023 11:36

@Zodfa

He definitely isn't the biological parent

Swipe left for the next trending thread