[Solved] i need help!!!! someone please help me!!!

Hi Darren and welcome

The quick answer is that yes do do have contact rights, and although you are not registered, that doesn't take away your rights - but if you are going for a contact order, you can apply for a parental responsibility order at the same time.

You first move is best probably to write or email to your ex saying that you would like to be part of your daughter's life and that you'd like to try mediation to see if you can come to an amicable arrangement rather than having to go to court for a contact order (this gently says that you are prepared to do so if mediation doesn't work).

I will ask the Childrens legal Centre to pop on and give some advice so keep checking back.

alright darren just letting you know you aint alone mate,im going through pretty much the same thing as are many others dads and i totally understand the bit about depression and feeling lost,im sure you can apply for parental responsibility which should be your next step and im sure someone with more knowledge will be along shortly with sound advice, just stay strong mate.

Hi Darren

We would advise that your first step should be to try and obtain parental responsibility for your daughter. There are number of ways you can go about doing this, firstly as you are not currently on the birth certificate with the mother’s consent you can re-register the birth to put you on the birth certificate and this would give you parental responsibility. Alternatively you can along with the mother sign a Parental Responsibility Agreement. This is a prescribed form called PRA1 and can be found at the local County Court or Family Proceedings Court, or online at www.justice.gov.uk. The form 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.

If your ex partner is not willing to sign a PRA1 or agree to re-registering the birth certificate you can apply for a Parental Responsibility Order. This is done by filling in form C1 and filing it with the Family Proceedings Court, there is a fee of around £200 for this. The form can be obtained from the local County Court or Family Proceedings Court, or online at www.justice.gov.uk.

Parental Responsibility Orders are granted in the majority of cases, and only refused in exceptional circumstances such as when a father poses a significant risk to the child. When making a decision the court will consider; whether the father has commitment and attachment to the child and whether the father has genuine reasons for applying for the order. If granted parental responsibility it will give you a say in important decisions involving your daughter’s life, such as where she goes to school etc. Although day to day decisions will still be taken by the resident parent, and it will not give you an automatic right to contact with your daughter.

In establishing contact with your daughter the first step we would advise you to take would be to try and come to an arrangement amicably with your ex partner. You can go through mediation in order to help come to an arrangement that suits you both, for more information on mediation services you can contact the National Family Mediation service on 0300 636 4000 or through their website www.nfm.u-net.com.

However from the information you have provided it may prove difficult to come to an arrangement with your ex partner, if you cannot come to an arrangement this way you can apply to the court for a Contact Order. If granted the order would formalise contact arrangements for your daughter, this can include set times when you can see your daughter and would create a legal obligation for the mother to make your daughter available at those times. To do this you would have to file form C100 with the courts. There is a fee of around £200 for filing C100. The form can be obtained from the local County Court or Family Proceedings Court, or online at www.justice.gov.uk. Guidance on filling in the form can be found on the same website in leaflets CB1 and CB3. The form should be lodged at the Family Proceedings Court most local to where your daughter lives.

Contact is seen as the right of the child and can only be refused for a very good reason where to do so would protect the interests of the child, for example where there is an issue of safety or violence contact could be refused. Whilst deciding whether to grant a Contact Order the court will consider the welfare checklist:

• Childs physical, emotional and educational needs.
• Effect of any change on the child.
• The age, [censored] and background of the child.
• Any harm which the child has suffered or may suffer.
• How capable each parent is of meeting the Childs needs.

If after a Contact Order had being made your ex partner still refused access and breached the order she would risk being found in contempt of court. You can make the applications for a Parental Responsibility Order and a Contact Order at the same time but they must be done on their respective forms and there would be two filing charges to pay.

If you require any further advice please do not hesitate to contact us. Our advice line phone service on 0808 802008 is available Mon-Fri between 8:00-20:00, and our online web chat service at www.childrenslegalcentre.com is available Mon-Fri between 09:00-18:00.

Yours Sincerely

CORAM Children’s Legal Centre

H clc i please can you clarify the below
Responsibility Order and a Contact Order at the same time but they must be done on their respective forms and there would be two filing charges to pay., would that be £400 as i thought it cost just £200 to file both ??

Hi ak57

Sorry if it wasn't clear. To apply for both at the same time would cost £400. £200 for the Parental Responsibility Order, and £200 for the Contact Order.

Yours Sincerely

CORAM Children’s Legal Centre

Hi this is really confusing as I phoned the court on Friday and was put through to the family section and she said it was £200 total thats for a pr and contact , Im sending the forms next week and a £200 cheque, maybe I should phone or email them