Parental Rights

Lizalu

Ok, I know this isn't really child support related but I figured you helpful people would probably be able to help me... please?:D

My OH and his ex split up a few years ago, and he understood it was always the plan to give him parental rights at the same time as they sort out the splitting of houses, which is dragging on somewhat.
However today they've had a huge row about money. He pays her CM, twice what the CSA asked for, and is fed up with paying extras (school meals, bus fares) Please don't start having a go about this, it's just that whenever he says he'll pay for something suddenly more things come up so he ends up paying over £100 extras per month.

Innthe argument parental rights came up, he asked when she'd talk to her solicitor and she said "do you think i'm daft? you're not getting rights".

As I understand it he can apply through family court to get parental rights, but can she stop him from doing this?
Upshot of the argument is that we won't be seeing the kids until she calms down or wants a night out. Last time he went three weeks without seeing them and this isn't fair.

Zara33

From the top of my head i would assume he has parental rights as he was married to the mother of his children, also his name would be on the birth certificate.

If he had to apply for these rights she would have to have some very serious grounds to refuse them.

Lizalu

They weren't married, and children were born before 2003 so I don't think the birth certificate thing counts. We have the kids 3 nights a week and it seems ridiculous that she could just stop him from seeing them like that.

Zara33

Argh!!! i see where you are coming from now, personally i would look into some legal advice asap.

Lizalu

Thanks, he's left messages with his solicitor who's away til friday but I just wanted to see if anyone could put our minds at rest in the mean time.

Scarlett1

my brother went through exactly the same thing, in the end he had to take it to court and was awared PR, cost him around £1800.

Zara33

http://www.parentscentre.gov.uk/forum/categories.cfm?catid=119

Perhaps this might be of some help to you both.

enemes

It shouldn't matter if you were married or not, if he was on the birth certificates, then he has parental rights and responsibilities, no matter what ... I can't see what 2003 and to do with it.

Lizalu

I don't think that's quite right - he's on the birth certificates of course, but he doesn't officially have parental rights. My question is can his ex stop him from claimng them through the courts?

Zara33

enemes wrote: »

It shouldn't matter if you were married or not, if he was on the birth certificates, then he has parental rights and responsibilities, no matter what ... I can't see what 2003 and to do with it.

That is incorrect, before 2003 a father had no PR unless he was married to the mother or he was named on the birth certificate.

overthehills

It totally makes me sick, these woman who think they have the right to stop a child seeing it's father. Especially when they are good dad's at that. The CSA has simply given mothers (because it normally is the woman) the most wicked weapon. Don't pay me and you don't see your kids.

My husband is a great dad, but his ex wants him out of his childs life. So much so, his ex has changed his daughter's surname to that of her married one. (otherwise know as scenario) BUT she still wants maintenence. "He's not good enough to have his child called by her birth surname, but he's damn well good enough to pay for his child."

Sorry ,that doesn't help. Fight for the child and don't give up. If the child is of school age, go see the head and explain the situation. school may be the only source of contact.