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But surely to have responsibility you have to have rights.Wasteland_Drifter wrote: »Which says:
And that's correct, I've never said otherwise.
The change in the law you refer to gives both parents equal responsibility. Nothing has reppealed Section 2(4) of the Children Act 1989 on parental rights - The rule of law that a father is the natural guardian of his legitimate child is abolished.
stokefan, Loopy Girl is trying to tell you law is wrong.Hit the snitch button!member #1 of the official warning clique.
:j:D
Feel the love baby!0 -
;)I'm not gonna argue (now there's a first for me :rotfl:) but we are quoting from different acts. The act that i am quoting from is Childrens Scotland act 1995, however i notice further down Loopy say's there is another act

Sorry I was also referring to the (Scotland) Act.
The law in England (which WD is quoting from) has also changed however.0 -
Wasteland_Drifter wrote: »Stokefan, your name on the birth certificate makes no impact. You are the biological father and you have parental responsibility. If you were not married to your childs mother when he was born then you do not have parental rights unless legally adopt him.
Surely that is not true? I understand the act to be as Loopy girls post (1st dec 2003)0 -
Wasteland_Drifter wrote: »Which says:
And that's correct, I've never said otherwise.
Not the red writing on the first page, the second page.
You can't have Parental Responsibilites without having Parental Rights.
You are quoting an out of date Act.0 -
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Wasteland_Drifter wrote: »stokefan, Loopy Girl is trying to tell you law is wrong.
No, I am trying to tell him that YOU are wrong.
Just like when you tried to say that the CSA couldn't impose a Penalty Assessment without a trial....0 -
I don't know about Scottish law. stokefan (Stoke on Trent?) asked about parental rights and I answered according to English law.
If Section 2(4) of the Children Act 1989 had been repealed then the Act making the repeal would be named and annotated on the OPSI record of the Children Act. See the Theft Act 1967 and the Fraud Act 2006 as an example.
I can understand why you question why parental rights and responsibility are handled differently in law and I agree with you. They should be uniform, but that could put the CSA's nose out of joint because NRP's can take the children (and probably the house) if the PWC claims a benefit or shows inability to support the children. Not a discussion for this thread.0 -
Unmarried Fathers' Legal Rights
An unmarried father has few legal rights with regard to his children unless he has a legally binding Parental Responsibility Agreement or a Parental Responsibility Order. He does have the right to make applications for contact etc. through the court.
"Married or not, you do not have any rights to your child, you have responsibilities. Your child has the right to grow up with the love and care of both parents. It is your responsibility to protect the rights of your child".
An unmarried father who jointly signs the birth register with the mother from 1st December 2003 now has Parental Responsibility. This does not apply to children born before the legislation was passed, although it is a common misconception.
An unmarried father without Parental Responsibility has no right to act on the child's behalf (except in emergency) or to be consulted over which school the child attends, which religion, if any, (s)he is brought up in, what medical treatment (s)he receives, what name (s)he is known by, or whether (s)he is put up for adoption. An unmarried father cannot get a passport for the child or access official documents or school/medical records. He remains liable to pay the Child Support Agency on demand and may have money deducted from his wages.
We advise all unmarried fathers to seek a Parental Responsibility Agreement with the mother and to apply for a Parental Responsibility Order if she is unwilling to agree.
Read the FNF Response to the Government's Consultation Paper on Paternity and Parental Responsibility for Unmarried Fathers (April 1998).
If you have any comments or suggestions regarding this page, please email us at [EMAIL="webmaster@fnf.org.uk"]webmaster@fnf.org.uk[/EMAIL]
http://www.fnf.org.uk/law-and-policy/unmarried-fathersHit the snitch button!member #1 of the official warning clique.
:j:D
Feel the love baby!0 -
Loopy_Girl wrote: »No, I am trying to tell him that YOU are wrong.
Just like when you tried to say that the CSA couldn't impose a Penalty Assessment without a trial....
Something is now telling me you are not quite all there.0 -
Hey disagrement and discussion is fine, however personal attacks are a little low.Wasteland_Drifter wrote: »Something is now telling me you are not quite all there.Hit the snitch button!member #1 of the official warning clique.
:j:D
Feel the love baby!0
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