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I have read the brilliant guide about representing oneself in Court, however I am unclear as to whether I can do this as I do not have Parental Repsonsibilty. Any advice on the matter would be greatly appreciated. If more information is needed RE: situation/circumstances to inform your advice please do ask.
Kind regards
Peter
Hi Peter,
I'm assuming that you want to apply for a contact order? To have Parental Responsibility for your child, your name will need to appear on the birth certificate.
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". In practical terms having parental responsibility means sharing the rights and responsibilities to make important day to day decisions about the child, for example where the child is to live, which school they should attend, which religion they should follow and whether or not they should receive medical treatment.
If the mother hasn't put you on the birth certificate, it's not the end of the world and you have several options.
Firstly you can acquire Parental Responsibility by re-registering the birth of your child with your name on the birth certificate. This is subject to the mothers consent (if she's refusing contact then this is probably not an option).
Secondly you can apply for a Parental Responsibility Agreement, this is an agreement made between a mother and an unmarried father to allow the father to have joint parental responsibility, both parents will need to consent to this. A parental responsibility agreement can be applied for through a PRA1 form. This form can be obtained through a Local Family Proceedings court or the www.justice.gov.uk website. There is also a fee which will need to be attached and sent with the form. Once you have completed the form you will need to hand the form and fee to your local Family Proceedings Court (again if she's being uncooperative I doubt this is the right way forward for you).
If however the mother does not consent to either of the above you can apply for a Parental Responsibility Order. A Parental Responsibility Order can be applied for through the following process; an application can be made by filling out a C1 form. This form can be obtained through a Local Family Proceedings Court or through the www.justice.gov.uk website. There is also a £200 fee which is applicable. Once you have completed the form you will need to hand the form and fee to your local Family Proceedings Court. In regards to the fee if you feel you are entitled to a fee exemption or reduction you can complete a EX160A form to check your eligibility.
I believe that you can apply for a contact order at the same time and the court will look to deal with both applications concurrently.
FM '70
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