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Legal matters

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Child rights with absent dad?

138 replies

whatcolourarepolarbears · 20/08/2024 14:47

My ex walked out 9 years ago and last made an effort to see our daughter (13, ASD/ADHD) in 2016 - that was for 45 minutes. The last regular contact he had was the year before for a few days every other month. It was his choice - I've never withheld contact, but didn't reach out to him either. He's a grown man who was sadly distracted with other women, our daughter was low on his priority list. I stayed in that house for another 4 years, never changed my number/email/socials so he can still contact if he chooses. I believe he's changed his number, and I'm blocked on all his social media.

In 2017 I met my new partner - we took things slowly, and moved in together 2 years ago. He's amazing with her, she adores him and life is pretty good. Her autism means she fixates on things, and the latest is us dying - she's worried about what will happen to her.(I believe it's triggered in part from watching Annie and seeing the orphanages..)She stopped mentioning her dad months before his last visit, and hasn't ever spoke about him or asked. She introduces my partner as 'step-dad' without us bringing it up - she's come to that decision alone.

So - I want to put some legal protection in place - including granting parental responsibility to my partner, and appointing my dad as a 'guardian' in case anything happens to either of us. And immediately hit some snags! It seems I can't allocate parental responsibility unless we're married or in a civil partnership - and all the forms etc mention mediation is mandatory before you can apply for a Child Arrangement Order - but I don't know where he lives or how to contact him! I also don't really want to 'lift that rock' of contacting him in case he demands access - I don't think she would cope well at all after all this time. I'm waiting to hear back from some solicitors, but wondered if anyone else has dealt with anything similar?

OP posts:
rochenut · 20/08/2024 15:06

why don’t you contact ex to chat about possibility of adoption?

rochenut · 20/08/2024 15:07

does he pay maintenance?

rochenut · 20/08/2024 15:08

so you can’t progress because not married or in civil partnership with current DP?

seems a very sensible policy to me

rochenut · 20/08/2024 15:09

does your partner have any children?

whatcolourarepolarbears · 20/08/2024 15:12

rochenut · 20/08/2024 15:06

why don’t you contact ex to chat about possibility of adoption?

I don't know where he lives, I have no contact info for him. I heard that he'd moved out of the area but have no way to confirm that. His family left the area a few years before.

OP posts:
whatcolourarepolarbears · 20/08/2024 15:13

rochenut · 20/08/2024 15:08

so you can’t progress because not married or in civil partnership with current DP?

seems a very sensible policy to me

It certainly seems that way - unless I'm reading it wrong! Perfectly happy the way things are - wills have been updated etc, we're both financially ok, but this has always been more of an issue to address.

OP posts:
whatcolourarepolarbears · 20/08/2024 15:15

rochenut · 20/08/2024 15:09

does your partner have any children?

He has one son - bit of a complex situation as in he's profoundly disabled, life limited, age 20. Maintenance is still paid, we visit as much as we can - they live about 2 hours away. See him every 2-3 weeks.

OP posts:
JasmineTea11 · 20/08/2024 15:16

You can't remove the bio dads PR without his permission or a court order (which are almost never granted). You should make a will which expresses your preference re who would look after your DC if anything happened to you, which a court would consider.

whatcolourarepolarbears · 20/08/2024 15:18

rochenut · 20/08/2024 15:07

does he pay maintenance?

He does - but that was a fight and it's taken directly from his salary (he's also since changed jobs) The Child Maintenance people probably have details for him but they won't share..

I did get a letter from them last year lowering the payments as he's now apparently living with another person and their child that he's 'responsible' for...

OP posts:
whatcolourarepolarbears · 20/08/2024 15:20

JasmineTea11 · 20/08/2024 15:16

You can't remove the bio dads PR without his permission or a court order (which are almost never granted). You should make a will which expresses your preference re who would look after your DC if anything happened to you, which a court would consider.

I looked into this but was told it's not legally enforceable - I can express a 'preference' but his rights would technically override them - if he bothered to exercise them!

OP posts:
rochenut · 20/08/2024 15:20

whatcolourarepolarbears · 20/08/2024 15:13

It certainly seems that way - unless I'm reading it wrong! Perfectly happy the way things are - wills have been updated etc, we're both financially ok, but this has always been more of an issue to address.

so it’s two issues

  1. no contact details for the father but he does pay maintenance
  2. you aren’t married or in a civil partnership

so i would not waste any more time thinking about this op. Not going to happen

CheeryUser · 20/08/2024 15:21

Why the need? You will either need to contact him or take him to court, neither of which you seem happy to do and in the nicest possible way, you and the new guy aren’t married so you haven’t even made things official with him yourself, your daughter would be more tied to him than you are if you start granting him rights over her. I’d just leave things as they are for now, make your preferences clear in your will and just reassure her, she will be an adult in a few short years anyway.

rochenut · 20/08/2024 15:22

how did you apply for schools if he still has PR?

whatcolourarepolarbears · 20/08/2024 15:23

rochenut · 20/08/2024 15:20

so it’s two issues

  1. no contact details for the father but he does pay maintenance
  2. you aren’t married or in a civil partnership

so i would not waste any more time thinking about this op. Not going to happen

There must be a way I can legally appoint someone to care for my child over a complete stranger who hasn't seen her in 8 years? I'm thinking of the emotional harm it would do her to be uprooted and sent to someone she doesn't know...

OP posts:
rochenut · 20/08/2024 15:23

i am bloody relieved that nothing can be done if just living together

if you / he want this, at least bother to get the relationship legally recoginsied

whatcolourarepolarbears · 20/08/2024 15:23

rochenut · 20/08/2024 15:22

how did you apply for schools if he still has PR?

I've never been asked for his details when I enrolled her?

OP posts:
StuckOnTheCeiling · 20/08/2024 15:24

You’d have to have his PR removed now. Which, as above, either has to be done with his permission or by a court order.

whatcolourarepolarbears · 20/08/2024 15:25

CheeryUser · 20/08/2024 15:21

Why the need? You will either need to contact him or take him to court, neither of which you seem happy to do and in the nicest possible way, you and the new guy aren’t married so you haven’t even made things official with him yourself, your daughter would be more tied to him than you are if you start granting him rights over her. I’d just leave things as they are for now, make your preferences clear in your will and just reassure her, she will be an adult in a few short years anyway.

It's not a case of not wanting to contact him, I don't know where he is... And I also want to appoint my dad as a guardian should anything happen to one of us.

OP posts:
whatcolourarepolarbears · 20/08/2024 15:27

rochenut · 20/08/2024 15:23

i am bloody relieved that nothing can be done if just living together

if you / he want this, at least bother to get the relationship legally recoginsied

I have several reasons for not wanting/needing to get married - none of this should impact the arrangements I choose to make for my child.

OP posts:
whatcolourarepolarbears · 20/08/2024 15:28

JasmineTea11 · 20/08/2024 15:16

You can't remove the bio dads PR without his permission or a court order (which are almost never granted). You should make a will which expresses your preference re who would look after your DC if anything happened to you, which a court would consider.

I've already made a will but it's not always binding. The more I've looked into this, the more concerned I am about what would happen to her if the worst should happen.

OP posts:
rochenut · 20/08/2024 15:32

whatcolourarepolarbears · 20/08/2024 15:27

I have several reasons for not wanting/needing to get married - none of this should impact the arrangements I choose to make for my child.

well, it does

and nothing you can do about it 🤷

NotDavidTennant · 20/08/2024 15:33

Would your ex even want to look after her if something happened to you? Social services wouldn't be able to force him to take her.

rochenut · 20/08/2024 15:34

whatcolourarepolarbears · 20/08/2024 15:23

I've never been asked for his details when I enrolled her?

really?

Every form for school i have ever applied it it has required both parents with PR unless there is a specific reason, which the school need to be made aware of

Viviennemary · 20/08/2024 15:34

whatcolourarepolarbears · 20/08/2024 14:47

My ex walked out 9 years ago and last made an effort to see our daughter (13, ASD/ADHD) in 2016 - that was for 45 minutes. The last regular contact he had was the year before for a few days every other month. It was his choice - I've never withheld contact, but didn't reach out to him either. He's a grown man who was sadly distracted with other women, our daughter was low on his priority list. I stayed in that house for another 4 years, never changed my number/email/socials so he can still contact if he chooses. I believe he's changed his number, and I'm blocked on all his social media.

In 2017 I met my new partner - we took things slowly, and moved in together 2 years ago. He's amazing with her, she adores him and life is pretty good. Her autism means she fixates on things, and the latest is us dying - she's worried about what will happen to her.(I believe it's triggered in part from watching Annie and seeing the orphanages..)She stopped mentioning her dad months before his last visit, and hasn't ever spoke about him or asked. She introduces my partner as 'step-dad' without us bringing it up - she's come to that decision alone.

So - I want to put some legal protection in place - including granting parental responsibility to my partner, and appointing my dad as a 'guardian' in case anything happens to either of us. And immediately hit some snags! It seems I can't allocate parental responsibility unless we're married or in a civil partnership - and all the forms etc mention mediation is mandatory before you can apply for a Child Arrangement Order - but I don't know where he lives or how to contact him! I also don't really want to 'lift that rock' of contacting him in case he demands access - I don't think she would cope well at all after all this time. I'm waiting to hear back from some solicitors, but wondered if anyone else has dealt with anything similar?

I really don't think you can put any of that in place without her father's consent. Mumsnetters don't make the law they can only quote it. You have private reasons for not wanting to get married but the point is if the law says you must be married to your partner before he can adopt then that's it. Your personal wishes don't come into it.

whatcolourarepolarbears · 20/08/2024 15:34

rochenut · 20/08/2024 15:32

well, it does

and nothing you can do about it 🤷

So clearly I should rush into an unwanted marriage with all the added expense just to make my child safe should anything happen to me. Got it. Got to love the sanctity of marriage... 🙄

OP posts:
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