[Solved] Dad needs HELP!!!

Hi Craigb2108,

Firstly, I moved this thread here because this is a better location for it on the forum.

Secondly, Welcome to DAD :cheer:

Thirdly - I can ask both Child Maintenance Options to pop by and offer advice regarding maintenance and also The Coram Children's Legal Centre to discuss your rights with you. Do you have Parental Responsibility ?

Gooner

Dear Craig,

Thank you for your e-mail.

It is firstly important to establish whether you have Parental Responsibility for your daughter.

You would have this if:

• You were married to the mother;
• You are named on the birth certificate and child was born after 1st December 2003;
• If the child was born after 1st December 2003, the birth has been re-registered;#
• If you have a Parental Responsibility agreement with the mother;
• If you have a Parental Responsibility Order from the court;
• If you have a Residence Order from the court.

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.

If you do not have Parental Responsibility we would strongly recommend that you obtain this. You can obtain Parental Responsibility through the following routes:

• You can negotiate with your ex partner to obtain Parental Responsibility through an agreement. This form is entitled a PRA1. The form requires both parties consent. This agreement must be signed and witnessed by a justices’ clerk, or court officer and it must be filed at the Principal Registry of the Family Division. This agreement must be filed to make it legally binding.
• 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.

If you do have Parental Responsibility, your ex partner should only refuse/limit contact if your child having contact with you poses a welfare concern. You can also state the duration of the contact, where the contact should take place and who you feel should be present during your contact times with your child as long as they are reasonable and most importantly, in the best interest of your child.

The first stage that we would suggest you attempt with your ex partner is mediation to arrange suitable contact arrangements for both of you. Mediation is used where parties are in disagreement over various issues surrounding the child. It is hoped that the parties will work together in mediation together with a mediator to try and reach an amicable resolution without having to resort to court proceedings. It is important to note that anything agreed in mediation is not legally binding. To arrange mediation please contact National Family Mediation on 0300 4000 636.

We would advise that if mediation does not work, the only option left for you is to apply to the Court for a Contact Order or a Residence Order(if you wish you daughter to live with you). A Contact Order would stipulate times for you to have contact with your daughter. A Residence Order states who the child should live with. You can represent yourself at this hearing without instructing a solicitor.
To apply for a Contact Order/Residence Order you would need to complete a form entitled a C100. This form (and all the forms mentioned) can be obtained from www.justice.gov.uk or from your local Family Proceedings Court. There is a fee of £200 for this application. If however you are eligible for a fee exemption you can complete a fee exemption form entitled EX160a. Once you have completed the application form you need to hand it in to your local Family Proceedings Court along with the relevant fee and the Court will then contact you with a hearing date.

Something that you may want to look at when applying to the Courts is the Welfare Checklist. This is a guide that all Judge’s must follow when deciding whether to grant a Contact Order/Residence Order.
a) The ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
b) His physical, emotional and / or educational needs;
c) The likely effect on him of any change in his circumstances;
d) His age, [censored], background and any characteristics of his, which the court considers relevant;
e) Any harm which he has suffered or is at risk of suffering;
f) How capable each of his parents and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
g) The range of powers available to the court under the Children Act 1989 in the proceedings in question.

Should you require any further legal advice please do not hesitate to contact us via our webchat facility which can be found at www.childrenslegalcentre.com and is available Monday to Friday 9am to 6pm.

Yours sincerely

CORAM CHILDREN’S LEGAL CENTRE