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Parental Responsibility

11 replies

nervousal · 12/05/2008 10:51

So as not to threadjack. In a thread below where OP is asking about rights of an abusive partner re their baby the following is quoted (where mum and dad not married:

"the father will acquire parental responsibility if he acts with the mother to have his name recorded in the child's birth registration on or after 1 December 2003"

What about prior to this date? DP and I are not married, his name is on DD birth cert (born before Dec 2003). Does this mean that he now has parental responsibility (he better bloody well have - I aint taking her to bed EVERY night!!!)

OP posts:
scorpio1 · 12/05/2008 10:53

no he doesn't, even if named.

laidbackinengland · 12/05/2008 10:54

You can apply for it at court though - it's a simple procedure.

scorpio1 · 12/05/2008 10:54

it costs about £50 from a solicitor to get the nessecary forms, then he can have it. it gets signed at a court. only you have responsibility for your dd.

laidbackinengland · 12/05/2008 10:55

www.direct.gov.uk/en/Parents/ParentsRights/DG_4002954

mumblechum · 12/05/2008 10:56

No, he doesn't have parental responsibility, but the two of you can do a PR Agreement. It's a document which you fill in then both go to the local county court office where a clerk will witness your signatures (you must take ID and the birth cert).

The PR Agreement then needs to be registered. Can't off the top of my head remember the address but you should be able to down load the form from the court site www.courtservice.gov.uk

nervousal · 12/05/2008 10:56

really??? I always assumed that if he was on the birth cert then he'd have responsibility? We're in Scotland if that makes any difference? What practical implications are there if he doesn't legally have parental responsibility? He's always been able to sign stuff/take her for her jabs etc etc. I assume it only becomes an issue if I die or if we split up?

OP posts:
mumblechum · 12/05/2008 10:57

Sorry only qualified in English/Welsh law. It may be different in Scotland

nervousal · 12/05/2008 11:16

wow - why does no-one tell you these sorts of things?? We've been merrily going along assuming that DP had full parental rights - as may I add has everyone else. His parental rights have never ever been questioned. guess we'd better add it to the list of things to get sorted - though this goes near the top!

OP posts:
jeedy786 · 10/06/2008 13:39

Iam in Scotland and it does not matter if your on the birth certificate or not , unless you are married you have to apply to the court for your parental rights.I was with my ex for 15 years we never got married but the law gave us the same rights as any other married couple untill the relationship breaksdown and suddenly what you took for granted as having your parental rights you begin to realise the law automatically gives parental rights to the mother of the children and i'am affraid you have to prove to the courts you are a suitable father to care for your children.
I was wondering where does this stand with our human rights is this not discriminating our human rights just becouse some of us have fallen into the catogry of not having children after the parental rights law was passed on nov 27th 2003 so therefore, are we not being discriminated against.
As i understood the human rights act should protect us all and not just those who are lucky to have children and automatically have parental rights . There are alot of fathers who love ther children and are like me struggling to have any rights or contact because the law is protecting the mother .The human rights act should be there to protect us all and not just some of us !!!!!

DirtySexyMummy · 10/06/2008 13:41

Not different in Scotland.

XDP and I had to get the parental rights forms and fill them in when we separated because he did not have equal rights otherwise, despite us registering the birth together and him being on the birth certificate. And DS having his surname.

DirtySexyMummy · 10/06/2008 13:43

Sorry - meant to clarify - you do not have to apply through the courts if both parties sign the form. It only has to be signed and sent off (or given to your lawyer to send which is what we did)

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