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Would a father on the birth certificate get 50-50 access to a child if the parents never married?

68 replies

Whatsmyusername94 · 09/06/2024 12:49

wondering if a father on the birth certificate gets exactly the same rights as the mother even if they were never married? Could a father have 50/50 access by law granted there is no serious reason he can’t have them?

OP posts:
Are your children’s vaccines up to date?
HcbSS · 09/06/2024 15:02

SheilaFentiman · 09/06/2024 14:39

You just called a grown woman a brat?

Nice.

Well she is hardly acting like a grown woman is she? She is acting like a controlling brat!

Whatsmyusername94 · 09/06/2024 15:06

NorthUtsireSouthUtsire · 09/06/2024 13:53

The father DOES NOT need to get a solicitor involved at all unless he has more money than sense and an inability to complete a basic form.

www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

Since legal aid for child access abolished years ago , most people who can read and write pay the £215 court fee and represent themselves.

The only time a solicitor is needs to be involved is if for some reason there is a dispute over parentage or claims of a welfare risk - as in EVIDENCE of drug abuse for example.

His starting point is 50/50 if baby not breast fed. This should initially be agreed via mediation.

Follow the steps from the gov website I have linked and get it sorted.

Thank you for this

OP posts:
Ponderingwindow · 09/06/2024 15:06

Circumstances do matter

newborns need to be with their primary caregiver, normally the mother, most of the time . Fathers need frequent short visits at that stage. As the child ages that schedule can change.

a father who is inconsistent with his parenting responsibility should not necessarily have a large amount of time assigned. This could mean was he absent from the child’s life previously? Does he fail to turn up for transfers on time consistently? Does he ever cancel his parenting time?

a responsible father who puts his child first should absolutely be a large part of his child’s life. It’s in the best interest of the child and it allows the mother to work and have a personal life.

the problem with these threads, and this may have nothing to do with this particular case, is that most of the time it turns out these father’s do not understand child development. It turns out these fathers want to parent when it is convenient, but not consistently.

so it’s hard not to be a bit skeptical when replying.

Interested in this thread?

Then you might like threads about these subjects:

PinkFrogss · 09/06/2024 15:13

I assume he has made an effort to reinstate contact and is currently going through that process?

All the advice posted on this thread is easily found with a google search, so he presumably is aware of his rights, responsibilities, and the process as a whole. I’m which case starting a thread without his knowledge asking a very basic question probably isn’t going to help that much.

Whatsmyusername94 · 09/06/2024 15:21

PinkFrogss · 09/06/2024 15:13

I assume he has made an effort to reinstate contact and is currently going through that process?

All the advice posted on this thread is easily found with a google search, so he presumably is aware of his rights, responsibilities, and the process as a whole. I’m which case starting a thread without his knowledge asking a very basic question probably isn’t going to help that much.

I am allowed to ask a question am I not?
online information is sometimes conflicting and you get various articles of different information so I was seeking someone’s knowledge on here. I have been given some useful information because I asked. Replying to this thread with useless answer didn’t help that much either.

OP posts:
MotherofChaosandDestruction · 09/06/2024 15:23

Whatsmyusername94 · 09/06/2024 13:25

Why is it worth thinking about why the father wants 50/50 access? Maybe because he is the child’s father? We don’t question how a mother is going to manage it, so why are wondering if a fully grown man can manage?
I don’t think a father who does not have the child’s best interest at heart would not be wanting regular access imo

Well then you are naive.

CurlewKate · 09/06/2024 15:25

@Whatsmyusername94 "Men really can’t win."

There are many excellent, loving and consistent fathers about. But this man did not immediately go to court when the mother of his child denied access for a reason that would certainly not be upheld. This is a red flag, and you need to protect yourself. Just in case.

Comeoncar · 09/06/2024 15:29

Your other thread suggests you are rather vulnerable OP. I'd focus on improving your own life for the sake of your two DC rather than taking on someone else's problems, where you likely have a heavily manipulated one half of the story.

Whatsmyusername94 · 09/06/2024 15:32

Comeoncar · 09/06/2024 15:29

Your other thread suggests you are rather vulnerable OP. I'd focus on improving your own life for the sake of your two DC rather than taking on someone else's problems, where you likely have a heavily manipulated one half of the story.

Yes you are right there thank you

OP posts:
Choochoo21 · 09/06/2024 16:00

If the dad was having 50/50 then the mum stopped if for silly reasons, then he would get the 50/50 reinstated or very close to it, if it had been working well for everyone.

But if he was having the child say EOW for example and the mum stopped him for a silly reason, then he would not automatically get 50/50 because he’d be doing it for a petty reason to get back at the mum and not because of the child’s best interests, which the court will see.

So the amount of contact would depend on what the contact was like before this happened.

MotherofChaosandDestruction · 09/06/2024 16:09

When did this happen OP?

Choochoo21 · 09/06/2024 16:14

I understand you’re trying to stay unbiased but it would probably be more helpful if you have more information and explained the situation in full, so we can give better advice.

How long have you been together?
How long have they been separated?
Waa this the first time he was late?
Was he having 50/50 before this?
How old is the child?

Panpastels · 09/06/2024 16:18

In my job I have seen many cases where if you took the (usually) father's version of the story at face value you would feel he was being very wronged...until you know the full details.

The only way to address this if informal mediation cannot be achieved, is via the court process. They will likely ask the local authority to complete an assessment/a court report and the children's wishes and views, if old enough to state them, will be very important.

GerbilsForever24 · 09/06/2024 16:26

The birth certificate is largely irrelevant and is often a red flag in itself "but I am on the birth certificate, I have RIGHTS".

As other posters have said, if this is true, no court is going to uphold a woman's decision to withdraw contact because of being 10 minutes late once. However, more likely, this is the tip of the iceberg.

RedToothBrush · 09/06/2024 16:26

The big question is if he really wants access why hasn't he taken steps to challenge it, if the reason he's giving is so trivial?

He could seek to pursue it if it really mattered to him.

If he hasn't, because he can't be arsed to find out how, he's not a good bloke. He's, at best, a lazy bloke.

It could be about controlling behaviour and deliberately going out of his way to inconvenience the mother for something important/crucial. In which case it's not just 10 mins. It's emotional abuse.

Be careful what you are told here.

There's no excuse for a man who is unable to find out all this stuff himself. If he's telling you porkies be aware of it.

Fladdermus · 09/06/2024 16:43

My ex told his new girlfriend I stopped contact when he couldn't see dd as he was moving house. She made it her mission to help him get custody and deal with his crazy ex.

He forgot to tell her that he was only ever allowed contact centre contact due to his violence, that he only attended 3 times then never turned up. Until 8 years later when he turned up at my house and tried to force his way in, was arrested, then he sent a letter via his solicitor claiming to have not seen DD due to moving house and wanting shared custody. I ignored it and hear nothing for 5 years until his new girlfriend started meddling.

There's always more to these tales of woe.

Fedupwithallthewaiting · 09/06/2024 16:53

Comeoncar · 09/06/2024 14:29

How long have you been together OP? Why isn't Dad finding out this info himself?

Exactly this.

OP, I’d step aside and let the father (your boyfriend?) navigate his own custody battle.

If he is unable / unwilling to even start the process of court proceedings due to his DCs mother stopping contact, without your input, then I’d suggest there’s possibly more to the story of why he isn’t having contact.

JanglingJack · 09/06/2024 16:55

PotteringAlonggotkickedoutandhadtoreregister · 09/06/2024 12:52

Could a father have 50/50 access by law granted there is no serious reason he can’t have them?

of course! Why wouldn’t they?

From experience - an arrest, an injunction and ongoing harassment.

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