Dear Cantrill
In terms of obtaining a DNA test we would advise that you apply to the Court for a Declaration of Parentage. This can be applied for on a form called a C63. This form can be obtained from www.justice.gov.uk or from your local Family Proceedings Court. There is a fee for this application of roughly £200. Once you have completed the form you then need to hand it in to the Family Proceedings Court closest to where the child resides together with the fee. The Courts will then write to you with a hearing date.
We would advise mediation in the first instance to try and resolve Parental Responsibility and any Contact issues that there may be. However, if mediation is not deemed suitable you may want to consider applying to the Courts for Parental Responsibility and Contact.
Parental Responsibility is defined in s.3(1) Children Act 1989 as being: "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property".
Practically Parental Responsibility means that both parties should consult and consent on issues such as schooling, medical issues, change of name, removal from the jurisdiction and other major issues concerning the child.
You can obtain Parental Responsibility by:
• You can negotiate with the mother to obtain Parental Responsibility through an agreement. This form is entitled a PRA1. The form requires both parties consent
• You can re-register the birth certificate. This again would require mother’s consent.
• If mother does not consent you can apply for a Parental Responsibility Order. The form required is a C1.
• You can apply for a Residence Order and will gain Parental Responsibility this way.
You can apply for a contact order by completing a C100 form.
All the forms mentioned can be obtained from either www.justice.gov.uk or from your local Family Proceedings Court. The application forms do require a fee.
Should you require any further advice please do not hesitate to contact us via our webchat facility which is available Monday to Friday 9am to 6pm and can be found at www.childrenslegalcentre.com.
Yours sincerely
CORAM CHILDREN’S LEGAL CENTRE