No contact with childrens father

Danni-R

Hello,

I'm actually asking on behalf of a friend who has yet to sign up.

Background.

Her two eldest children have had no contact from their dad in 3 years. I beleive he's made no effort to talk to them or see them. I also dont think he's paid anything towards them.

She's now happily married with kids with her husband.

She's been told that after 3 years its classed as abandonment and the dad has now lost all rights.

Is this correct? I know its not MSE but any help would be appreciated.

karenx

If he is named on the birth certificate he has every right to try see the children. To take him off it you will need his permission

Danni-R

Thanks Karen. What about other rights? I dont think the plan is to remove him from the Birth certificate but what if he springs up in a year and starts requesting visitation rights? I dont think its a money thing but I think she's worried about him wanting to have them stay with him etc.

Mojisola

Danni-R wrote: »

Thanks Karen. What about other rights? I dont think the plan is to remove him from the Birth certificate but what if he springs up in a year and starts requesting visitation rights? I dont think its a money thing but I think she's worried about him wanting to have them stay with him etc.

He's their father and he could do this.

mrsspendalot

Depends, first of all, on the age of the children and whether they were married. The law on parental responsibility changed late 2003, and prior to that point any unmarried fathers even if named on birth certificates didn't get PR automatically. After the change in 2003, they do. Without PR, the father would not have any legal rights to see the children, with PR he would. However, he can apply to court for PR if he doesn't have it and most of the time PR is granted. This would then mean the father would be able to apply for contact, and again, it is unlikely to be refused unless there are good reasons in the children's welfare interests (history of violence etc).

I have to wonder though, why is she worried he might want to have his children to stay?

Mojisola

As he hasn't seen them for some years, she would be able to insist on a gradual re-introduction. He wouldn't be able to turn up one day and take them away to stay with him. Once the children are old enough their views would also be taken into account.

Danni-R

Hi Mrsspendalot.

I dont know about the visitation or stays. I think he's moved up north (above london ) and she's still down south.

I've spoken to her again and she said that she was told that after 3 years her husband could adopt the children? She wasnt married to the dad and there is an unsavoury history between the two (him against her) Just spoken to her again and she's confirmed that there is a history of violence and he did it in front of the kids.

Would he really have PR if he's made no effort for the past three years to contact them etc?

mrsspendalot

Danni-R wrote: »

Hi Mrsspendalot.

I dont know about the visitation or stays. I think he's moved up north (above london ) and she's still down south.

I've spoken to her again and she said that she was told that after 3 years her husband could adopt the children? She wasnt married to the dad and there is an unsavoury history between the two (him against her)

Would he really have PR if he's made no effort for the past three years to contact them etc?

She can apply, with her husband, for the children to be adopted. I know someone who has just successfully done this, but she had to prove every attempt had been made to contact the biological parent for permission prior to the adoption being granted, however. She hadn't had contact for going on 10 years, so this wasn't difficult - she had no idea where he was in the world, nevermind anything else. So yes, this is possible. I would suggest they take legal advice though as no doubt every situation is different.

Re PR, I guess that would be looked at via the court process. He can apply - it would then be up to the court to decide whether to grant it. Each case is probably looked at on merit and the children's welfare is always paramount, but if he could convince them he genuinely wanted involvement etc. I'm not sure they would say no. Again, it's probably legal advice your friend needs really.

Danni-R

Thanks again for the reply. I'll see what she says. I think that he can get in contact with her parents and she could contact his parents but neither has an idea of where the other is.

I've suggested the CAB as I think thats the best place to start. Could they get legal aid for something like this?

mrsspendalot

Legal aid depends on their household income, and whether legal aid covered adoption proceedings, which I don't know about to be honest.

It is also possible for step-parents to get PR for step-children, btw, if adoption is not something they can do (with lack of permission or because of cost). This would give the step-father legal rights as though he was the biological father. I think this could be done without the father's permission as I think you only need permission from each person holding PR, which at present is the mother. Again, advice from a solicitor or even the family court would be the way to go. See this link for info

http://www.family-lawfirm.co.uk/Articles/Children/Step-parents-rights-and-responsibilities.aspx

EDIT:
http://www.direct.gov.uk/en/Parents/Adoptionfosteringandchildrenincare/AdoptionAndFostering/DG_10021340
If you look in this link, there is a downloadable PR form for step-parents which says that if only one parent has PR, delete the section asking for the other parent's details. Hope that helps

Danni-R

Thanks very much. I've sent her a link to this thread so hopefully she can do something to set her mind at ease.