Parental rights ?

Ms_Chocaholic

Even if you weren't married at the time of your son's birth, if you subsequently married your son's mother then that gives you automatic Parental Responsibility.

It's not difficult to get PR if you haven't got it, if mum is in agreement, it's very simple. If not you would need to apply to the court.

Here's some information from here (copied and pasted relevant bits below):

https://www.gov.uk/parental-rights-responsibilities/apply-for-parental-responsibility

If you’re a father who wants parental responsibility and the mother agrees, fill in a parental responsibility agreement.

If you want parental responsibility but can’t agree on arrangements with the mother, you can apply for a court order.
A court order costs £215.

[Deleted User]

I think that if you are named on the Birth certificate as the father that DOES automatically give you parental rights. This was how it was explained to me at the registration office when his father and I were registering our son's birth (we weren't married). This was in 1996. So I am certain you do have parental rights. Its only if you aren't mentioned on the birth certificate that you have to apply for parental rights/responsibilities later.

DaveTheMus

This is Britain today........

a Father can be denied any contact with his child, go through months of court dates and mediation to be given 1 hour of 'access' in a dingy contact centre per week, yet, the Mother can move any old crackpot with an aversion to physically abusing the child and there is not one thing the Father can do to stop it or to even ask for any type of vetting.

He has to wait until social services contact him.....

mum2one

Pre 2003 I your named on birth certificate then you do have parental responsibility, - custody is a different matter - with social services involved are they actually suggesting your son lives with you. Is there a contact order at the present moment of time?


It may be that you need to go through the court process for custody, - it may be the court involve cafcass and there speak to everyone concerned, and come to a recommendation, - as your son is over 10 years old then his view will be taken into consideration, it may be that you need social workers to back the application, its not a overnight process with court.
x

Ms_Chocaholic

deannatrois wrote: »

I think that if you are named on the Birth certificate as the father that DOES automatically give you parental rights. This was how it was explained to me at the registration office when his father and I were registering our son's birth (we weren't married). This was in 1996. So I am certain you do have parental rights. Its only if you aren't mentioned on the birth certificate that you have to apply for parental rights/responsibilities later.

If you are in England and

not named on the birth certificate
your son was born before 1 Dec 2003
and
you were not married to the mother at the time of birth (or subsequently)

you will not have PR

see here
https://www.gov.uk/parental-rights-responsibilities/who-has-parental-responsibility

FBaby

My ex is on the birth certificate but doesn't have parental responsibility as born before the date above and we were never married. He could apply easily since he has had regular contact with them all their lives (and the courts don't care that he has never paid a penny towards them!). He has never felt the need to apply for it (even though I would agree) because he trusts me and knows I would never deny my kids their right to have a proper relationship with their father.

valleyboy22

My son lives in England and I'm in wales. I have never been out of contact with him since I separate from now my x when he was one and he regularly is up here every half term. The dilemma now is should he go bk home after the summer holidays during which the social workers are investigating what is happening around home. I'm gonna have to seek legal advice on this because if I feel that he will not be safe going back home then I need to know where I stand. The last thing I want is for this to go to court because I think my son has gone through to much as it is. I been on his birth certificate from day he was born in 2002 and he was registered in England so I need to see where I stand there also.
Thanks for the replies so far

Mimi_Arc_en_ciel

HappyMJ wrote: »

You'll have to discuss this first with his mother. If she's not willing to let him live with you you'll have to go to court and yes as you say the wishes of the child will be taken into account. If you can I'd wait until the school year is over before changing schools...it's not that long away then start him at a local school in September.

Completely incorrect. The father does not need to speak to the mother as they both have PR.

Confusedandneedhelp wrote: »

No he wont. If he takes the child, the mother would have to go to court to decide custody, no one parent has more rights than the other.

Absolutely spot on

ViolaLass

valleyboy22 wrote: »

My son lives in England and I'm in wales. I have never been out of contact with him since I separate from now my x when he was one and he regularly is up here every half term. The dilemma now is should he go bk home after the summer holidays during which the social workers are investigating what is happening around home. I'm gonna have to seek legal advice on this because if I feel that he will not be safe going back home then I need to know where I stand. The last thing I want is for this to go to court because I think my son has gone through to much as it is. I been on his birth certificate from day he was born in 2002 and he was registered in England so I need to see where I stand there also.
Thanks for the replies so far

As it's your son we're talking about and not a pet dog, what are you waiting for?

jhe

valleyboy22 wrote: »

My son lives in England and I'm in wales. I have never been out of contact with him since I separate from now my x when he was one and he regularly is up here every half term. The dilemma now is should he go bk home after the summer holidays during which the social workers are investigating what is happening around home. I'm gonna have to seek legal advice on this because if I feel that he will not be safe going back home then I need to know where I stand. The last thing I want is for this to go to court because I think my son has gone through to much as it is. I been on his birth certificate from day he was born in 2002 and he was registered in England so I need to see where I stand there also.
Thanks for the replies so far

in my own experience son did not have to go to court, assesments are done in your home and in his mothers home, the results of these will be taken to court IF it comes down to this.
family courts are private only parents and social workers etc allowed in.
being on the Birth Certificate will not give you PR in 2002, but a judge gave it immediately it was applied for in our case.
in England we got a free half hour with a solicitor for advice.
i would advise to engage your son in local activities if he wants to eg- rugby or football clubs-scouts-karate or swimming clubs? whatever he is interested in. this will help show he has interests in the area he is now living and to maybe help him make friends.
the link i gave you above, to the forum,if it is still active i got very good advice that helped a lot.