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TOPIC: Contact advice

Contact advice 2 months 3 days ago #110876

Hello
A legal paternity test has confirmed I am the father of my daughter.
I am not on the birth certificate so still have no actual rights as I see it.
If my ex doesn't let me have contact, what can I do and is it any easier now we have the DNA test? Thanks.

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Contact advice 2 months 3 days ago #110878

With your child been so young the best thing to do is contact ex by email/whatsapp asking for contact 2-4 hours a week to start with. If she refuses any form of contact then you would need to attempt mediation to try and arrange contact. If that fails then it would need to go to family court .

I would not contact your ex other than about baby and just send the 1-2 emails as some mums will try and get you done for harassement

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Contact advice 2 months 1 day ago #110903

It should be easier now you have the DNA test. You can ask your ex to sign an agreement giving you parental responsibility. You fill in a Parental Responsibility Agreement which can be downloaded from the .gov website. If you cannot agree, you can apply to the court on form C1. The fee is £215 but you may be able to get help with court fees is you're on benefits or a low income. The forms are also on the .gov website. It can all be completed online. Find out whether you're eligible for a fee reduction first as you get a reference number to put on the C1.
The following user(s) said Thank You: Fegans

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Contact advice 1 month 4 weeks ago #110948

  • Yoda
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Hopefully you can get something moving along now you have the DNA test.

If the mother won't correspond with you or agree, you can begin mediation. Legal Aid is still available for mediation if you qualify.

You can look on the National Family Mediation website for further info.

As champagne has said, you can try to get PR sorted by consent.

If you think you qualify for exemption or reduction in court fees, the form you need is EX160

Best of luck

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DAD.info Moderator

I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

Contact advice 1 month 3 weeks ago #111033

Thanks for the replies, all very helpful.

The situation has moved along quite well. Apart from one stumbling block. Quite a big one...another person has been named, wrongly, on our daughter's birth certificate.

If the mother is in agreement, could we still sign a parental responsibility agreement? Is that possible as someone else is on the certificate?

Thanks a lot.

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Contact advice 1 month 3 weeks ago #111037

  • Bill337
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hi,

there is some info here. If declaration of parentage has been made by court, they will tell register office to re-register the birth certificate.

www.gov.uk/adding-fathers-name-birth-certificate


Removing the wrong father’s details

You can apply to change who the recorded father is if you can prove that the man named on the certificate is not the natural father of the child. Examples of proof include:

-a DNA test record from an approved tester
-a court order
-evidence that confirms the name of the true biological father
-other evidence that confirms the recorded father could not have been the child’s natural father

www.gov.uk/correct-birth-registration

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Disclaimer: I am not a lawyer or trained professional. I am not in a position to give legal advice. Please consult a qualified professional for legal advice.

Contact advice 1 month 3 weeks ago #111059

Nothing has been to court, but we do have a DNA test and have been to the registry office and filled out the paperwork to get the birth certificate changed and re register our daughter.

That will take a while. But in the meantime could me and the mother sign a parental responsibility agreement and get it endorsed by the court or would that not be possible as the wrong man currently has parental responsibility? I can't find the answer on any website.

Thanks a lot

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Contact advice 1 month 3 weeks ago #111062

The .gov website is usually very helpful. In this case it states:

Sign a parental responsibility agreement

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

There’s a different agreement form for step parents.

Take the agreement to your local family court where it can be signed and witnessed.

Also take the child’s birth certificate and proof of your identity, like a passport or driving licence.

Send 2 copies of the form to the address below:

Principal Registry of the Family Division
First Avenue House
42-49 High Holborn
London
WC1V 6NP

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Contact advice 1 month 3 weeks ago #111063

Thank you, yes I saw that and I do think the mother would be agreeable to doing it. But another man is currently named on the birth certificate. So would we still be able to do it despite that? And would he have a say in the matter?
Thank you

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Contact advice 1 month 3 weeks ago #111071

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If he's on the birth certificate, then did she knowingly give false information when she registered the birth? If she's not agreeing to your being on there, then you'd probably need to go to court to get this amended. Unless anyone on here can advise on this point, it might be worth paying for a consultation with a solicitor on the specific point of getting the birth certificate corrected based on the DNA test.

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Contact advice 1 month 3 weeks ago #111080

If funds are tight, you could try Citizens Advice - they may be able to offer a pro bono lawyer.

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Contact advice 1 month 3 weeks ago #111095

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A lot of family lawyers offer free 30 minutes of advice, so it's worth phoning around a few.

You could also contact childlawadvice.org.uk/ for free advice.

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