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parental responsibilty

maz30g
Posts: 9 Forumite
after reading some of the other comments I am a bit confused. I saw that someone mentioned the law had changed and unmarried parents i.e. fathers do have PR? is this true and what rights does this include? He has tried before to go to courts to get PR but she has always thrown correspondence away and refused to comply and as it looked like it was going to be expensive he had to give up. But if the law has changed would like anyone to be able to tell me what his rights are?
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Are you on the birth certificate? where you married and how old is the child?0
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If he doesn't already have PR he can apply to the courts and represent himself to keep costs down, although the initial cost isn't cheap.August GC 10th - 10th : £200 / £70.61
NSD : 2/80 -
after reading some of the other comments I am a bit confused. I saw that someone mentioned the law had changed and unmarried parents i.e. fathers do have PR? is this true and what rights does this include? He has tried before to go to courts to get PR but she has always thrown correspondence away and refused to comply and as it looked like it was going to be expensive he had to give up. But if the law has changed would like anyone to be able to tell me what his rights are?
if child was born after 1/12/03 then you automatically have PR if you are on the birth certificate.
if she has ignored service papers in the past, all you have to do is send them recorded and signed for. once you have proven to the court that the papers have been served to the respondent, then if they fail to show, the court can issue a summons which only a total moron would ignore. (which goes in your favour if she does as the court will have a "view" of her before she even sets foot inside)
is it just PR he is after? i'm guessing there are contact issues too? if so, then a contact order and PR app can be on the same papers.NEVER ARGUE WITH AN IDIOT. THEY'LL DRAG YOU DOWN TO THEIR LEVEL AND BEAT YOU WITH EXPERIENCE.
and, please. only thank when appropriate. not to boost idiots egos.0 -
the child was born before that date so I understand he dosen't have PR. There is contact however as i understand if he is in our care and he needs hospital treatment for example then he would have to have his mothers permission. Is it costly to get PR?? There are sometimes issues for contact, she can suddenly change arrangements at last minute especially if they fall out and has done many times to spite him ( and their son) so along side PR we would want something in concrete to assure regular contact. He is on the birth certificate.0
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<H4>Applying for Parental Responsibility
If you are a father and are not married to your child’s mother then you are not automatically given parental responsibility. This is something that you must apply through the courts for and only after they have considered your application will they rule in favour of or against your application.
When applying to the courts to be considered for parental responsibility you must show a level of commitment to your child as well as a high level of attachment. The court ultimately has the final decision and must take all things into account before making a decision. They must also consider why the father wishes to be given parental responsibility and may look at the mother’s ability to care for the child or children.
A court welfare officer may be appointed to assess the father’s level of commitment to his children in terms of attendance and also how he interacts with them.
You can re-register your child’s birth if you are the natural father and this automatically gives you parental responsibility but it should be noted that if you are the child’s father and have sought the permission of the courts to be recognised as a parent with an appropriate level of responsibility then re-registering your child’s birth will only seek to confuse matters.
1. You can apply for a Parental Responsibility Order
If you are a father and your partner/ex partner agrees to you having PR you can apply for a Parental Responsibility Order (Form CPRA1) and will not have to go to court to get this. You will enter into a Parental Responsibility Agreement, which is a type of contract. You can download a copy of this form at HM Courts Services website
– see http://www.hmcourts-service.gov.uk/courtfinder/forms/cpra1.pdf.
You will need to complete the form and both parents take it to your local County or Magistrates court. Your signatures on the form should be witnessed by an officer of the court or a magistrate. If you go to the reception at the court they will help you.
You can do it all yourself and dont need a solicitor to do it for you - just download the form and take it to the court and they will do the rest for you. There is a fee but it could be small price to pay!Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB0 -
you will need to fill the form in though!
what contact co you have at present? if you are applying for PR, then you may as well tack a contact order application on it too.
no doubt the resident, ex cafcrap expert will be along soon to advise you on a costly exercise to achieve what you can easily do yourself for naff all. (except the £180 odd to file the app)
keep it short, you can prepare statements for when you are in there, the form just require the basic info and what you are applying for.NEVER ARGUE WITH AN IDIOT. THEY'LL DRAG YOU DOWN TO THEIR LEVEL AND BEAT YOU WITH EXPERIENCE.
and, please. only thank when appropriate. not to boost idiots egos.0 -
The test that the courts (actually the CAFCASS Officer that will be involved) use for parental responsibility applications are set out in Re: H(Minors)(Local Authority:Parental Responsibility)(No.3) [1991] 1 FLR 214 . Simply, the test looks at three things, 1) the degree of commitment shown by father towards the child. 2) the degree of attachment that exists and 3) the reason of the father applying for the order. The test was further expanded in Re: C (Minors)(Parental Rights) [1992] 2 All ER 86 by Judge Mustill who said;
"....was the association between the parties sufficiently enduring; and has the father by his conduct during and since the application shown sufficient commitment to the child to justify giving the father a legal status equivalent to that which he would have enjoyed if the parties has married"
A quick look at the current stats for this type of application show that 90% are successful (6% are refused and in 4% no order is made).
Obviously all applications are dealt with on the facts but statistically an application is likely to be successful.
Warm hugs to speedster for the no-name name check! I always appreciate your positive and insightful comments,however misguided they sometimes are.
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in laymans terms.
be careful with the wording on the application.
for example, highlight the need to have PR if anything medical arises while child in applicants care, or to help re-affirm the fathers committment to the child etc, etc.
as long as it's in the childs best interests, then PR is pretty much a given. and cafcrap probably wont be involved anyway at this stage.
basically, the lawmakers realised the old law was outdated, have changed it accordingly and have no problems righting the wrongs and granting a PRO without too much fuss. as i said, most PRO apps go hand in hand with a CO app.NEVER ARGUE WITH AN IDIOT. THEY'LL DRAG YOU DOWN TO THEIR LEVEL AND BEAT YOU WITH EXPERIENCE.
and, please. only thank when appropriate. not to boost idiots egos.0 -
as long as it's in the childs best interests, then PR is pretty much a given. and cafcrap probably wont be involved anyway at this stage.
Before you get to see the judge on the day of your hearing you (and the other party) will spend some time with the CAFCASS officer so they can seek to agree the details of your application before you go before the judge. This is done to speed up the process, leaving just the contentious bits for consideration.
Should be fairly straight forward.0
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