Parental Rights and Responsibilities

[EccentricMum]

Hi,

I am new to this site and would appreciate some advice.

I have one child aged 10 and another aged 7, child 10 was born in Scotland and child 7 was born in England.

Their father is Scottish and I am currently living in Scotland too.

He is being a little obtuse at the moment, I have recently reverted there name back to there original name on the birth cert. God this is complicated!

I am planning moving back down to England to be closer to my immediate family.

Now the question is, what does the biological father have any rights to?

He hasn't signed the Parental Rights form.

Thanks!

EM

I wanted to change my sons name back to mine and i couldnt without his permission.

How did you go about it?

Hi

This links tells you about the rights for parents living in Scotland www.glasgow.gov.uk/en/Residents/Care_Support/Families_Children/ChildProtection/parents.htm

This one is a bout maintenance in Scotland www.lgbtfamilies.org/Equality/Web.nsf/webpages/B1012D160E6EEF278025718800495BD1?OpenDocument

This link is for UK information www.direct.gov.uk/en/Parents/ParentsRights/DG_4002954

I don't know whether the fact that your children were born in different areas makes any difference. You didn't say whether you were married to their father. This makes a big difference. If you weren't married and you have no parental responsibility agreement in place then he has less say in things.

George

No, we are not married, we do not live together, I raise my children and have done for the last ten years, on my own.

Correct me if I am wrong..

As I understand it, he has no legal rights to his bioligical children?

MTIA!

Whether you were married or not, If their names are on the birth certificate, then he has rights, and if the children had his name, then again- he has rights. He would need to apply for parental responsibility.

And I think the law changed at one point so you need to check the dates too.
Mst children benefit from seeing their father. If their father decided to move them 400 miles away from you presumably you'd be a bit put out. In England it's possible although not always granted to apply to stop the other parent moving the children away. In one recent case the boys hated France and didn't speak French and the court let them return to the UK away from their mother.

With you being unmarried and not having a parental rights agreement in place then he has no parental responsibility because your children were born before 1st December 2003*. You do not have to consult him about any changes you wish to make or about any move but he can apply to the court at any time for a prohibited steps order, or a contact order or a parental responsibility order (PR would usually be granted by the court unless you have a very good reason why it shouldn't)

*This is when the law changed to allow unmarried fathers who have their name recorded on the birth certificate automatic parental responsibility.