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Hi,
I am the Father of an 8 year old boy, I split from his Mother approx 6 years ago, we were never married.
Since the split I have had my son every weekend and he stays two nights per week.
Today there was a turn of events and I have now been refused access to see my son, he was dragged away kicking, screaming and crying as he was pulled away from me, very distressing for both myself and my son. This was because I asked her to exit my car as she was becoming abusive towards me (I had agreed to take her shopping for our son's birthday outfit - I left the shop while she was browsing and got my son breakfast as she had not fed him....I was gone 20 mins not the agreed 10 and she flew off the handle).
I have had to put up with her volatile nature now for the past 8 years, I was never added to the birth certificate at birth and now I need my name added to be able to apply for a contact order and possibly apply for custody.
The mother is unstable, aggressive and unwilling to cooperate. How can i get my name added to his birth certificate given the fact the Mother is not cooperative?
I hope someone can help me!!
Thanks
David
Hi and welcome to the forum,
I am no expert in this area but I'm sure someone will be along soon who can shed some clearer light.
However I believe you would have to first apply for Parental Responsibility or to ask permission from the court to make an application using a C100 form in the family court nearest to your son's residential address - you should read ‘CB1 – Making an application – Children and the Family Courts’ which can be found at http://www.thecustodyminefield.com/CourtForms/CB1.pdf
This is a guide to completing the C100 form but provides details about those who have parental responsibility, how to apply if you don't and how to ask permission from the court to apply for a contact order if you don't.
Hi David and welcome
Firstly, I think unless there are real welfare concerns for your son as a result of him living with his mother, it is extremely difficult to get residence - the courts are generally reluctant to remove a child from a home where they are safe and settled, irrespective of any contact issues. You may have more of a chance of joint custody, but I would say that you really should be looking mostly at a contact order. Having said that, apart from this incident, has your ex actually restricted contact in any way? If not, then you may be best initially looking at how best to handle the situation with her - ideally, you have as little contact with her as possible, and you time with your son is yours, and not shared with her. If there is any chance that this can be resolved, then I would say that that is your best course, but if not, then you will need to go down the courts route.
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