[Solved] non biological dad contact

Hi Grandma

Thanks for your post and welcome to Dadtalk. I hope you are going to find it helpful.

I am sorry to hear that your son's partner has applied for residency and I can see how worrying this is for you if, ultimately she decides not to allow you contact with your grandson. I am not entirely sure about the legalities of this, although it would seem that it is in this little boy's best interests to still see both you and your son on a regular basis. I wonder what your relationship with her is like, and whether you think you can talk to her about this.

I will pass on your post to our legal team, but it may take a little while for them to respond, so keep looking. In the meantime you may find it helpful to talk to the Grandparents Association on their helpline number 0845 4349585, http://www.grandparents-association.org.uk

I hope this helps.

Thank-you very much for your reply Mikey. I’m sorry it has taken me so long to respond but I keep doing something wrong and my reply gets lost. We did have a reasonably good relationship with my son’s ex but there was an argument on Sunday and her father became involved. It seems she cannot claim additional support via housing benefit etc unless she has residency and as her father is currently helping her financially, this seems to be where the problem is as on Monday she saw the solicitor and on Tuesday my son was served papers to go to court on Thursday. Up until then they had an amicable agreement where they would have equal time with their son however, his ex chose not to take up most of her allowed time and only had him overnight for one night in that month.
My son’s solicitor seems to be saying he has a good case whereas the solicitor I contacted through my union basically told me he doesn’t have a chance because he is not the biological dad and because of the baby’s age.
We are confused and desperate to maintain contact.
Thank-you again for your time and the information on the grandparents association. Your post was helpful.

Dear Grandma

It is difficult to say what the court will order when it comes to the residency of your son’s non-biological child. The child’s mother’s case may be strengthened by the fact that she is the child’s biological parent however the court has to make a decision based on what is in the best interests of the child which means that outcome can vary greatly from case to case.

If the mother is successful in gaining residence, which in this case is a possibility, then it is likely to be possible for your son to maintain contact with the child. The court looks to encourage any relationship which it may be in the child’s best interests to promote.

Neither you nor your son has any legal status in the child’s life at this point however this can be gained by court order. As the mother is applying for residence of the child, it may also be beneficial for your son to apply for contact. If your son is granted contact with the child then it will be expected that you can also have contact with the child during this time.

The fact that your son is not the biological father of the child means that there is no automatic presumption by the court that contact will be in the best interests of the child and instead this will have to be shown to the court. If the birth certificate lists your son as the father when he is aware the information is false then this should be rectified by contacting the General Register Office. The child’s mother can have your son’s name removed if she can prove he is not the father (by way of DNA test).

We hope this information has been of use to you but if you feel that you would like to speak to someone regarding this issue for further legal advice then please contact the Child Law Advice Line on 08088 020 008.

Kind regards

Children’s Legal Centre

Thank-you very much for taking the time to reply. We are waiting for the CAFCAS? officer and hoping that although my grandson can't yet express his own wishes, his love for us and ours for him will be evident.

Hi again

I'm glad you found all the advice helpful and lets all hope that this can be sorted out and contact resumed with your grandson as soon as possible.

Keep us posted as to how you get on and good luck.

Hi
I just thought I would pass on the wonderful, fantastic, brilliant news; my son retained his parental responsibility and his equally shared contact. Even though he is not my grandson's bilogical Dad, the Judge accepted our Barrister's case that he was his psychological father.
Thank-you Dad's Talk for being there in some very dark days when all of us were trying to support each other and all of the advice seemed to be against us.
Grandma xxx

a fantastic outcome. 😀