[Solved] Can you help to advise if i Have PR?

Definitely best to contact the Childrens Legal Centre.

I'm guessing here, but I'd say the reason that your name hasn't been physically removed from the register is that it is a paper record in a registry book, so it's not possible to actually remove the record. The notation on the registry means that if anyone asks for a copy of the birth certificate, the note tells the registrar not to put you down as the father on the certified copy. On this basis, I cannot see that you can possibly have any parental responsibility as things stand.

If you think that your ex is only moving to prevent you from having contact, then you could apply to the court for a prohibited steps order (I think) to prevent this move, but if your ex gives any other plausible reason why she is moving, then your chances of success are small - it's not a course of action I would personally recommend. You could consider applying for residence of your natural son.

As I say, it's complex, and I may have some of the information wrong, so definitely worth speaking to the Childrens Legal Centre.

Hi Tony

Thanks for the post. I agree with actd, this sounds to be a complex case so I am passing your questions on to our legal centre who will post back shortly with their advice.

Dear Tonyl,

Thank you for contacting the Children’s Legal Centre.

If you are removed from the Birth Certificate then you will lose Parental Responsibility, even if your name is only marked as removed whilst it still appears, as only a biological father (or believed biological father) can gain PR in this way and it is lost once the certificate is altered.

This will mean that you will not have PR for your son as this is not granted by a contact order. You will also be unable to apply for a Parental Responsibility Order unless you are the biological father, and as you and the mother were not married can not apply for a Step Parent Parental Responsibility Order.

The only way you would have of gaining PR would be if you were to gain residence for the child, which automatically grants PR to the person with residence for the duration of the order. However there needs to be good reason for the court to grant this and it needs to be shown to be best for the child.

This will mean that you are not able to seek reports etc from the school for this child, although potentially you may be able to apply to court and ask that you are able to access these and for them to decide on the issue of which school the children attend using a Specific Issue Order, and the court would use their discretion when deciding whether or not to grant this.

At present, the legal position is that a resident parent is able to move out of an area without the consent of the other parent, regardless of whether or not they have PR, as long as they are remaining within the UK.
When it comes to PR and a right to a say in schooling decisions, this does not mean that the resident parent has to seek the consent of the other person with PR, but that they must inform them of an intention to change school or something similar, at which time the non resident parent is able to make an application to court if they are unhappy with the decision.
The court are often reluctant to stop a parent moving out of an area if they are still in the UK if there is a reason for the move, and will normally only restrict this ability if it is being done for malicious reasons or to prevent contact.

The contact order that you have is still binding, however the resident parent may attempt to vary or discharge this if it has been shown that you are not the biological father. The chances of this being successful are unlikely as you have been involved in the child’s life since birth and the child sees you as his father and so it is not likely to be considered best for the child for him not to have contact with you.
Should the mother move away, the contact order should still be adhered to. If the order is not complied with you are able to apply for enforcement, at which time the court will decide whether it is appropriate to enforce what is in place, and can alter the order if it is felt necessary to because of any distance involved.

As this is quite a complex situation it may be advisable to speak with a solicitor who practises in family law to gain more detailed advice on enforcement of contact and/ or court proceedings.
If you are not able to gain a solicitor and require further information please contact the Child Law Advice Line on 0808 8020 008 and an advisor will be happy to help you.

Kind Regards
Children’s Legal Centre

adoption. adopting a child also gives that person pr

Dear Sir,

Adoption requires the biological mother's (and father if he is known and registered as such or involved) consent, and seems unlikely to be an option in your circumstances as this would not class as a step parent adoption as you are no longr in a relationship and living with the mother, and therefore adoption would mean that for all legal purposes the child is yours, and the mother and all biological family will lose all legal connection to the child.

The chances of being successful in such an application are very slim as the children are with the mother and there appears to be no Social Services plans to alter that from what you have stated.

If you were still in a relationship with the mother then this may be an option, but as you are not you will not be able to apply to adopt the child.

If you have any further questions please contact the Child Law Advice Line.

Many Thanks

Children's Legal Centre

i understand that, i just didnt read the story. just got tail end of the conversation

sorry if any confusion.

but saying that, i did hear a court grant rights to see a child even tho he wasnt the father and had nothing to do with the mother due to the fact the male had been a big part of child up bringing

think matter was at mk court last year

Hi,

Thanks for your advice. Not what i wanted to hear, but i guess thats how the breaks go.

Anyone know how likely i am to get shared residency? I dont have overnights with either of the boys yet and after 18 months in court i have them 1 day a week at the weekend until teatime

Tony

Not what i wanted to hear, but i guess thats how the breaks go.

I'm afraid so, but at least you know where you stand now - having the correct information is always the best starting point.

My opinion is that your chances of shared residency at this point for either boy is still slim as I would think that you'd need more contact first Also, it sounds like your ex would put up a fight, so if you are paying for a solicitor yourself, then it could potentially be very expensive. If you are on legal aid, or representing yourself, then at least your don't have the cost of any court proceedings to worry about. I wouldn't have thought that, unless social services thought there was any danger, that you would get shared residency of your non-biological son.

Having given my opinion, my recommendation is that you ring the Childrens Legal Centre for their advice on where you go from here, and what your chances of success are.