Legal rights as a father

[Quietmum1909]

Hi, I was wondering if anyone could help me out with some questions I need answered. My boyfriend has a 12 year old girl and he's not had contact with her for nearly two years due to his ex partner saying alot of things to the child and making the child not wanting to see her dad, anyway my boyfriend would like to go to court to try and get contact with his child but unfortunately he thinks he has no legal rights due to his child being born before they changed the law that if the fathers name is on the birth certificate they have no legal rights, his name is on the birth certificate but because his daughter was born in 2005 it classes as no rights, we were wanting to know what a court would do? If anything! For him to see his daughter, and what can he expect from the court

Are you sure about the dates as my daughter was born just before your dps and just after the law changed in 2003, her DF has joint parental responsibility. If she was born 2005 and his name in on the certificate than as far as I am aware he has rights already.

I'm in England though not sure where you are or if the dates were different elsewhere

he doesn't have any 'rights' he has responsibilities. It is the child that gets rights.

DullAndOld Not correct. A parent with PR has rights in order that they may discharge their responsibilities.

Is your partner's daughter in England/Wales?

We live in Scotland

We are in Scotland

Its may 2006 for Scotland. He could apply to get parental responsibility

www.gov.uk/parental-rights-responsibilities/apply-for-parental-responsibility

As the father he can apply for contact regardless of whether or not he has PR. As dementedpixie says, he can also apply to the courts for PR.

If he wants contact he needs to get on and apply, the longer he leaves it the less the court will be able to do if the girl has lost interest.

PRR and contact are separate things. The court can grant PRR but I'd say contact is the priority. He could have PRR and still not be seeing her. Due to his daughter's age, the court may take her views into account. Can he show evidence of having had contact with her, and when and why that stopped? Any communication from his daughter's mum for example?

Suggesting mediation is probably the first step. The court will want to know that he has made efforts himself before resorting to legal action.

The court process takes ages and she will be growing up in the meantime, so he would be as well to make as much effort as he can outwith court.