If excluded from registration of birth...

[Twonker]

What rights would a father have?

I am asking as I bumped into a friend who told me that his ex was expecting their baby, but didn't want anything to do with him any more.

I am just thinking on how this is going to work out. I am not making any judgement on the ex in question: I don't know her or her side to the story.

I do think the child would miss out if they had absolutely no contact with their father though...

If he isn't named on the Birth Certificate (and isn't married to the Mother) then he will have no parental responsibility. All he will have is a legal responsibility to pay child support if she applies to the CSA (or he pays her directly).

If she will not have contact with him or allow him to have contact with the baby, he should first ask her to attend mediation to discuss PR and contact. If she refuses, he can get a FM1 form from the mediator which will allow him to apply to court for PR and Contact.

He will have contact/visitation rights but there will be things he will miss out on such as registering the birth. He needs to see a solicitor if they can't work out amicable visiting.

Cripes. It is not going to be easy. I wonder how it will play out.

He won't have parental responsibility automatically, but can apply for it from court. Probably best to wait a little while though, as I think they look for some role in the child's life to award it (but nothing more than he could ordinarily expect to have via contact visits).

He can apply for contact visits just the same as any other non-resident parent - she could only refuse if she claimed he wasn't the father (in which case he'd need to get a court ordered DNA test I think) She can't really do this if she also wants to claim CSA from him.

She might change her mind though - most people would be reluctant to leave the father blank on the registration - it rather suggests you don't know who it is.

Purpleroses, I think the general consensus is leave the name blank ON PURPOSE so it doesn't give Dad automatic rights. It is the advice I see thrown around on forums all the time.

DH isn't on DSDs BC. His ex kept changing her mind about everything. In the end she wanted money most so she went the CSA, he paid for a DNA test, started paying and took her to court for contact. We now have regular contact. If its goes back, he will apply ffor PR and once granted he can decide for himself if he wants to add himself to the birth certificate. Long term her decision will only reflect badly on her, it makes no real difference.

Hi everyone, thanks for your replies. There are loads of uncertains in this case. He is a really caring guy, but not that assertive... I wonder if she will manage to push him out that easily. He has a son by a previous relationship... His mum brought him up til he was about 11, and then he brought him up alone after that. Hopefully she will see that it is for the benefit of the child to have contact from both parents. Perhaps she will see things differently after the child is born/ Gets older.

The father has to be present at the time of registration to go on the birth cert. so maybe he can ask her to attend the registration?

Hi avenue.....

Yes, I realise that, it's just that since there seems to be such prevalent advice to exclude an unwanted father from registration, I figured it would be unlikely she would accept, and wanted to know what his position would be if she did exclude him. It seems that he is going to have to get legal advice......

Even if she may say no, make sure he does at least ask or he may get asked why down the line.

Avenue, that's a good suggestion. I will make sure he is aware of this before the baby is due.

Thanks for all your feedback.