Any Registrars on here?

[roseyrose2020]

Following on from another post I was wondering if someone could confirm/ clarify information.

When I registered my son 3 years ago the registrar very clearly told my partner and myself that we did not have many rights because we were not married (fair enough)

One of the points she highlighted was that even though the father is named on the birth certificate, if anything was to happen to me then then my partner would not automatically get custody of the children (even if he their father and on the birth certificate).

Is this correct? I mentioned this on another thread and I got told I was wrong.

This is a question of family law (in UK) not for registrars.

The decision on who a child resides with following death of a parent is decided in court if there's a question - and the court will consider the best interest of the child.
For example if parent was estranged and had been for a long time, it might not make any sense for the child to go to that parent if the other had died.
This doesn't have anything to do with being married or not.

@DynamoKev

This is a question of family law (in UK) not for registrars.

The decision on who a child resides with following death of a parent is decided in court if there's a question - and the court will consider the best interest of the child.
For example if parent was estranged and had been for a long time, it might not make any sense for the child to go to that parent if the other had died.
This doesn't have anything to do with being married or not.

Thankyou. Are you from a law background? Just wondered how you know this information to be correct?

Have you tried a simple google search OP?

If he is on the birth certificate he will have parental responsibility for your child. I have no idea why the registrar voiced any concern. 50 % of children born in the uk are born to unmarried parents. My advice is to sort your wills, talk to anyone you want to be legal guardian and get some life insurance. Also make sure your named as each other’s beneficiary on your pension policy.

You have the same rights as any other parents? Are you sure that is what she said?
If the child's father was present at the registration and he is recorded on the birth certificate, you each have equal parental rights and responsibilities.
If you are both still together and you were to die, why wouldn't he have the kid(s).

Thankyou. Are you from a law background? Just wondered how you know this information to be correct?
Not a lawyer but have spent an inordinate amount of time in Family Court for reasons I won't go into but you can probably imagine - I am just a parent with a child born to unmarried parents.
So the Registrar was technically correct - but as others have said - if you die and the child going to reside with Dad is the obvious choice there wouldn't be an issue - however if they had not seen their Dad for ages and (say) the child was closer to their grandparents, they might ask a court to rule child should reside with them - and that might happen - depending on the case and the best interests of the child.

BTW OP as others have said - you may wish to consider a will expressing wishes for children if this is a concern.

One of the points she highlighted was that even though the father is named on the birth certificate, if anything was to happen to me then then my partner would not automatically get custody of the children (even if he their father and on the birth certificate).

This used to be the case but hasn’t for a long time, nearly 20 years. If he’s on the birth certificate he’d have parental responsibility automatically now without having to apply for it.

The only time something like this is ever an issue is if an unmarried woman becomes very ill or worse during childbirth/before registering the birth.

@forgottochangemynamewoops

Have you tried a simple google search OP?

Yes but couldn't find many any definite results. It was a registrar who gave me the initial information so wanted to see if this was something that all registrars tell people.

@TheWordWomanIsTaken

You have the same rights as any other parents? Are you sure that is what she said? If the child's father was present at the registration and he is recorded on the birth certificate, you each have equal parental rights and responsibilities. If you are both still together and you were to die, why wouldn't he have the kid(s).

That's what I'm asking? I'm going by what the registrar said. She's the one who first highlighted this issue to me. This is my 5th child with my partner. He is named on all the birth certificates. She was aware of this but said told us just because he is named on the certificate it doesn't automatically mean he would have be given the children if I passed because we were not worried. We were both shocked by this and have made a Will. But I just wanted to see if there was any truth in what she was saying.

*not married

@DynamoKev

Thankyou. Are you from a law background? Just wondered how you know this information to be correct? Not a lawyer but have spent an inordinate amount of time in Family Court for reasons I won't go into but you can probably imagine - I am just a parent with a child born to unmarried parents. So the Registrar was technically correct - but as others have said - if you die and the child going to reside with Dad is the obvious choice there wouldn't be an issue - however if they had not seen their Dad for ages and (say) the child was closer to their grandparents, they might ask a court to rule child should reside with them - and that might happen - depending on the case and the best interests of the child.

I'm afraid the Registrar was technically incorrect. A father with parental responsibility will no more lose that on the death of the mother as the mother would were the father to die. In fact on the death of the mother the father will be the only person in the world with the right to decide where the child shall live. That is because he has PR.

I suspect that the registrar might have been explaining what the position would be had the father not gone on to the birth certificate.

I am a family solicitor. What the registrar said is complete rubbish. If you are both on the birth certificate, you both have parental responsibility. Neither loses this on the death of the other parent. If you die the other parent simply continues looking after the child.

Only when there is a concern regarding that parents ability to care for the child, do social services (and ultimately the courts) get involved. The courts don’t have time to be involving themselves in everyone’s family life.

If you were to separate, you could appoint a guardian in your will to care for the children but this would only take precedence over the father if you had a child arrangements order.

Ultimately the point being that if you die, the father will be the only person with parental responsibility and the only person recognised in law to care for that child.

I would urge everyone however to get a will and appoint a guardian because this can take effect if both of you die (I.e appoint grandparents or siblings to care for your children in the event of both your deaths). This would give your chosen guardian parental responsibility upon both your deaths (but wouldn’t cancel out the others parental responsibility in the event of just one of your deaths)

The law changed for birth registrations after 1st Dec 2003.

Just to add to @Crazycatlady83 's post, the appointment of a testamentary guardian only takes effect if there is no one left with PR. If there is another person left with PR (say, the other parent) the guardian does not acquire PR.