CSA when a father is not listed on a birth certificate?

Gazella77 · 1 April 2008 at 8:16PM

Hi,

I am puzzled as I've heard confusing advice - some people told me it does not matter if the father is not on a birth certificate, I could still pursue CSA, some say it's not possible in such a case.

I decided not to put him on as I don't want him to obstruct things. I think he would make it difficult for the baby t get a passport and go abroad to see my family, etc. And I don't want my baby to have his nationality as then she would require visa to get virtually anywhere :-(

He voluntarily agreed to pay £50 monthly towards upbringing her. But this is ridiculously low when I have a very high mortgage and soon (when my maternity pays drops to a statutory one) I will struggle with the bills and food costs.

What shall I do? He doesn't earn much (around £800 in hand), rents a room and studies so has got a loan on top of that.

Thanks for any help in advance.

Zara33 · 1 April 2008 at 8:47PM

The CSA can still persue the father whether he is on the birth certificate or not, he may deny being the child's father but the CSA could do a paternity test at the cost to the alleged father.

Lil2002 · 1 April 2008 at 8:53PM

Just to let you know, if the father is a full-time student, the case will be assessed as a nil. You might want to check out if it's worth getting the CSA involved, or continuing with the money you get now.

All the best.

Smiley_Mum · 1 April 2008 at 8:57PM

If you have not signed any Parental Rights form etc then the father doesn't have any rights over your child so he would not be able to cause any problems in you getting a passport or going abroad etc. That's as far as I know though for Scotland, may be different in England. I could be wrong. :eek:

N71 · 1 April 2008 at 10:12PM

My ex oh is on the birth certs, and i had no problem getting passports etc, i didn't need his permission.

Mine were born 1997 and 2000 - and i think parental rights laws changed after this, so not sure if the new laws make a difference to this.

Lil2002 is correct, if your ex is a student, you would be assessed at nil. If you know he's earning £800 in hand, it would be up to you to prove it.

You may be better off with £50 a month - its not much, but better than the nothing you could get!

Loopy_Girl · 1 April 2008 at 10:33PM

Any father named on a child's birth certificate after 2002 automatically has parental rights. Children born before that date, the mother and father have to apply to the court for the father to get a PRO even if he is named on the certificate unless they were married at the time of birth.

N71 · 1 April 2008 at 10:46PM

Loopy_Girl wrote: »

Any father named on a child's birth certificate after 2002 automatically has parental rights. Children born before that date, the mother and father have to apply to the court for the father to get a PRO even if he is named on the certificate unless they were married at the time of birth.

Does the PRO have any effect on getting a passport? (Just out of interest?)

Loopy_Girl · 1 April 2008 at 10:54PM

I don't see how it would stop a PWC getting a passport - after all plenty married couples will get passports for children and it will only be one parent who would apply.

I would imagine however that if there is a PRO in force and the PWC wanted to take the child out the country then potentially the NRP could have some say in it.

I am only summarising to be honest as that is what would make sense to me and if the OP has predicted problems with this then I think that they are right to leave the name off the birth certificate but that is a purely personal opinion

Nicifer_noonoo · 1 April 2008 at 11:00PM

I'm currently pregnant and have seen a solicitor about this very issue - whether to put my ex's name on the birth certificate.

She advised me that if I did put his name on the birth certificate, he would automatically have parental rights, whereas if I didn't, then he wouldn't. He would, however, be able to apply for parental rights, and they would be granted if he did so, but he's very unlikely to. She did warn me that if his name was on the birth certificate, he would have a say in which school my son attended, his name, whether he was allowed abroad with me etc:eek:. She also assured me that I could still go through the CSA even if his name wasn't on the cert; the worst he can do is deny paternity, in which case he'll be made to have a DNA test.

The law apparently changed in 2003; fathers named on birth certificates before this time didn't automatically have parental rights.

Gazella77 · 1 April 2008 at 11:09PM

Gosh, thanks a lot for all your replies. I was not aware that the case would be assessed as nil, but yes he is a full-time student so I guess there is no sense in pursuing now. Maybe in a year when he graduates.

About the passport - as I don't mean British passport as both of us are not British and I want my baby to have my nationality, which is EU (no restrictions in traveling, etc), rather than his I was told that if he was on the birth certificate he's have to come with me to the consulate and sign the permission. And then, I would have to have a written permission from him every time I want to leave the UK with my baby. So I decided not to put him on it.

The only thing is that I will struggle financially and probably will end up going in debt, which I fear the most. I bought my flat only a 1.5 ago and I have a massive mortgage :-( so £50 from him is just a drop in the ocean. But then I see from your replies it's not worth pursuing anything more.

Thanks a lot, I'm grateful for your quick responses.

Loopy_Girl · 1 April 2008 at 11:09PM

Yes that's all true....it's up to you really.

I was lucky (and I use that term in the loosest way!!) as my child was born in 2001. Father denied paternity (stalling CSA tactic) and when I got the letter confirming it I was able to apply again to the courts and get her a new birth certificate with the father's name filled in as I didn't want there to be a blank space. Had it been 2003 onwards then I think I would have thought more carefully about it because he would automatically have got a PRO.

A father can apply to the court to gain parental responsibility. In considering an application from a father, the court will take the following into account:

the degree of commitment shown by the father to his child
the degree of attachment between father and child
the father's reasons for applying for the order

The court will then decide to accept or reject the application based on what it believes is in the child's best interest.

The mother's input would also be taken heavily into consideration.

CSA when a father is not listed on a birth certificate?

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