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[Solved] Please help me with my rights and responsibilities


Posts: 31
Registered
Topic starter
(@dan2k7)
Eminent Member
Joined: 13 years ago

Hi guys, hope this is in the right section. I am having serious issues with my ex partner about my son and his general welfare. What has really tipped me over the edge today is the fact my son is now referring to himself with a new surname, one that belongs to his Step father and Mother.

I have never started court proceedings due to financial reasons but also the general conflict and heartache that comes with such a lengthy process. I see my son only on odd occasions when it suits my ex partner which I would also like to try and rectify. He lives roughly an hours drive away from me at the moment.

My name is on the birth certificate so I do have parental responsibility. Can anyone help me with regard to the following points:

1. Is there a way she could have changed my son's surname without my knowledge? If so what is my course of action for remedy?
2. Do I have a legal right to know where he is educated, who his doctor is etc and general well being information? If so again how do I find out if she refuses to tell me any of these things.

Any help much appreciated guys, I am at the end of my tether as I am sure many others are on this forum. Thanks in advance.


5 Replies
5 Replies
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(@monners)
Joined: 13 years ago

Active Member
Posts: 7

Im not expert but from what i understand you have parental responsibility if you were married at the time of the birth and your surname is on the birthcertificate .
Court is the way for you my friend dont be put off by expense , theres help out there for everyone . yes it can be long drawn out . but it may tell your ex your serious with your intentions .
This site will help you im sure and good luck .


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Registered
(@liamunited)
Joined: 13 years ago

Eminent Member
Posts: 25

She won't have been able to legally change his surname without your consent BUT she can use a "known by" surname for schools and doctors where they know his legal surname but he's on registers as a different one.

Yes, you have the right to know all of these things, you even have a say in which schools he goes to, etc although of course that's easier said than done!

How old is your son? Best of luck mate.


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Registered
(@dan2k7)
Joined: 13 years ago

Eminent Member
Posts: 31

Hi guys thanks for the replies. My son is 4 years old, bit more info that I have found out. He has just recently started nursery on an RAF base. I have checked up the local council guidelines for this school and they quote:

"You must supply the child's legal surname.
We can only accept a different name if you supply written evidence that everyone who has parental responsibility for the child consents to the change. A deed poll is not sufficient to allow us to accept a name other than the legal name."

On this basis, surely this cannot be argued with. I have signed nothing to say I accept him registered in a different name?


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 actd
Registered
(@dadmod4)
Joined: 16 years ago

Illustrious Member
Posts: 11897

I would say that those guidelines are very clear, so I would write (enclosing a copy of the guidelines and birth certificate) and get it changed, and ask for a written acknowledgement to the nursery and any other organisation you think may have been misinformed.


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Registered
(@Enyamachaela)
Joined: 13 years ago

Honorable Member
Posts: 539

Yes, ACTD is quite right too and whilst writing to those organisations you can ask to be notified direct of anything in relation to nursery stuff...I was also going to say GP etc, buts not possible I suspect these days! 😆 However, if you asked to know something they should tell you. You have every right to know where your child is being educated, medical, religion.

She most certainly cannot change your child's name legally without consent.

Have you thought about trying mediation?

The last straw then is as Mooner says, court action. There is no legal aid for children matters now, either for you or her (unless she claims DV). The Court fee for the application is £200 (unless you are exempt from court fees) and you represent yourself. Many Dads here have done it and you may want to give that some thought.

Mediation will cost you about £100 and the Court will want you to have attended mediation to discuss your difficulties before the action is started anyway.


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