Pregnant friends ex rights over child

[pumpkinsweetie]

Asking for a friend as she isn't very internet savvy.
She is 7 months pregnant and hasn't been with the father since her found out.

He is threatening to fight to take the child when he or she is born?

If the father goes unamed on the certificate would he be able to do anything legally?

Unlikely he would get the child unless Social Services were called in.
I'd personally not have him on the certificate as from the sounds of it he would be obstructive for holidays etc.
However if he wants to take her to Court over access he would likely win (they are pro fathers seeing kids seemingly no matter what - domestic violence even) and he would probably do a DNA test to prove the child was his.

I think it is possible that he will give up, and this is just a knee jerk reaction? Is he going to be paying child support? He doesn't have to be on the BC for that either btw.

He can legally get his name on Birth certificate and gain PR..however this is a process.

A newborn child would not be taken from the mother unless there were concerns for the welfare of the child.

I would suggest if he is making threats she holds onto them as evidence and gives minimal communication with him.

Thanks that's what I thought, so basically if she doesn't name him it would be a long drawn out process for him to actually gain access so she would be better of not naming him.

Because he lives a fair distance and they are no longer together, she has promised him contact once a week whilst baby is still small, but he and his mother are threatening to take the baby away.

I think the issue of his name on the BC or not is somewhat irrelevant. The father of the child can get PR through a variety of ways (suggest your friend googles Parental Responsibility (PR) Legally the parents of a child have equal rights to a child. However if there is a dispute about this, and if the parents can't agree, then the matter ends up in the Family Court. Your friend would need to apply for a Residence Order (think this is called something different name - but it means that the RO is granted to the person with whom the child has his/her main home. ) The non resident parent is almost always awarded contact.

The thing is there is no legal aid available for these private law cases, so if the parties can't afford to pay, they will have to represent themselves in court. It may not get that far but the info is just in case it does.

The father and his mother will not be able to "take the baby away" but the father is at liberty to apply for a Residence Order so that the child has his/her main home with him. It is unlikely that such an application would succeed.

I would also be very wary of anyone threatening to take my newborn away! The baby may be breastfeeding and will need it's mum regularly for a fair few months. She needs to be present at any meetings. Contact would not be expected for an overnight stay at this stage.