3 month into my ex's pregnancy she broke up with me as things were not working out, after that we were mutual with each other and kept in touch when it came to the baby.
I have recently had a conversation with my ex regarding arrangements with my daughter who is due on the 22/01/2018, we discussed days i can see my daughter and how much i would transfer to her for the upkeep, all of which we agreed on. however later on she tells me she will not be putting me on the birth certificate and would not give me a reason why.
I helped her as a friend through her first pregnancy and was there for her 1st baby when his father was not and i was not controlling or abusive during our relationship (none of which i have accused of anyway)
The baby is not here yet and i would just like advice on what legal actions i may have to take to ensure i have rights over my daughter and can see her before it is to late
well 2 choices really...c1 form for a parental responsibility order which will allow you to be on there or you ask for a paternity test from mother when child is born and then you apply for a decree of parentage i believe
I’m going through a similar situation myself and have had my first hearing at court.
I also wasn’t put on the birth certificate of my daughter (done behind my back). I was fully present and helped out during the pregnancy.
In my case I have sent a C100 form off due to the fact that my ex has stopped contact and have put in my application form that I want to gain parental responsibility. This can either be from an agreement with the mother to add my to the birth certifcate or have a parental responsibility order ordered by court.
One of the first questions that cafcass asked my ex when interviewing her for the initial hearing was “is Mr X the biological father in which she has said yes.
Best of luck mate
Possibliy stupid questions here... but these are for a freinds son who is goign through something like this right now and appart from suggesting to him he needs to find out by DNA if he's the father i've no real understanding of things like this to help him out. i know i'm my childs father and the fighting for contact side of things.
so silly questions:
If you're not on the birth certificate would you be chased for maintenance?
if you had a DNA test to prove if he's the father or not...there is a date issue and he knows she was seeing someone within a week of their spliting up......if it came back that he is the father and she still refuses to put him on Birth certificate can he refuse to pay maintnenance until she puts him on the birth certificate?
he's basically not getting back with the lass but will pay if it's his but only if he's on birth certificate....he doesn't really want to go through court to get it.
You don't have to be on the BC to be liable to pay maintenance, if the mother names you in a claim, it will be set up. Its up to the paying parent to dispute the claim and have a DNA test done, usually at their own expense. The payments must be kept up, even if paternity is being investigated, with the assumption that should the test be negative, the payments are repaid.
He can't refuse to pay, even if the mother refuses to put him on the BC, it will be up to him to apply to court for PR and then he can get his name put on the BC.
Hi Cal.Hz
Nothing can be done before the child is born. After the birth, if the mother still refuses to include you on the birth certificate, your options are to attend mediation to try and resolve the issue, if that fails then an application to court for Parental Responsibility and it's always wise to apply for a Child Arrangements Order for contact at the same time.
If you are self representing, you will need forms C1 and C100. If you're on a low income or receiving benefits, you can also apply for a full or part refund of the court fee using form EX160. If you're using a solicitor, they will of course Take care of the application for you, but they are very expensive.
The lad is very very lucky... his DNA test came back as 0% (zero) chance of being the father....his ex is livid and has asked for proof... naturally his mother and i are very happy as we saw the girl was going to trouble from the day they met and we were proven right when they split up.
hopefully he's learned a lesson from it and doesn't put his mother through it again.