Rights of unmarried couple with a child who are separating?

[needtoknowrights]

I’ve changed my name for this because I don’t want to be recognized by someone in rl.

My cousin and his partner have been together for approx 5 years. They’re not married but they have a 3 year old son together. The house belongs to him (he bought it before they got together). The house is virtually paid for, long story, but he has some money received in a legal settlement when he was a child which he used to pay for the house. They have now decided to split up. Basically what I want to know is if anyone can tell me what rights they both have.

As they are not married, does she have any rights to any of his money, apart from any money he would pay her for maintenance for their DS?

Also, if she decided to not give him access to their DS, would he have any rights? Their DS was born before the December 2002 date when unmarried fathers would receive parental responsibility. So am I right in assuming that as they were not married, he actually has no rights to his DS if she so chooses?

I’m actually not taking sides in this matter, she’s a friend of mine so I feel for her, he’s been a bit of a prat in the past so tbh I’m not hugely surprised that this split has happened, on the other side though, he’s my cousin and I don’t really want to see him hurt.

Any advice gratefully received.

She should get some advice about the house - women have succeeded in getting some cash in circs where they haven't contributed financially, but it is v complex and hard to establish a good case.

Think you are right about his lack of rights as a parent.

She needs to seek legal advice as a matter of urgency from the CAB or a Solicitor. I think her rights are minimal. In terms of possessions what is his is his and what is hers is hers.

He would still have to pay maintenance for the child - he still has financial responsibility for him.

I would hope that for the child's sake she would continue to give her ex partner access to her son even if she ends up legally formalising any access through a contact centre. After all it is not the child's fault that they are now separating. The child has a right to know who his father is and to have a relationship with him. Denying her son the right now to know his Dad if she was to take such a course of action could easily backfire on her years later. He could also pursue his claim for access through the courts if this was to be denied by the ex-partner and if this happened it could all get horribly messy for all concerned.

I don't know about the house or his finances, but I do know about contact with his child. Contact is nothing to do with having parental responsibility or not, and no, she can't decide whether or not he can see their DS. If she got difficult about it he could apply to the Court for a Contact Order.

I have just registered our Dd, well about 4 weeks ago & was told then that my partner has no p/r over our ds because he was born before the new law came out he was born in sept 2002. You have to apply for p/r so maybe that is something he can look at doing, i know its nothing to do with weather he can see his son but at least he has rights.

surfermum is right, parental responsibility has nothing to do with contact. I imagine he would be given contact, even in extreme cases of abuse or danger etc a parent is normally allowe some sort of access even if it is supervised