[Solved] With holding address of my child?

I would start with trying to go for mediation with regard contact - I assume that this is your priority at the moment.

im able to see my child whens convenient for her.. tried mediation and didnt work she didny keep to any agreement, im just worried that if anything happens to my child wouldnt know were to go etc, tried going to court but earn to much for legal aid but not enough to finance a solicitor.. just worrying that i dont know were my child lives.

I'll ask the CCLC to give any advice they can - it will be after the bank holiday now.

Dear manicawizard

Thank you for your post.

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

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 birth has been re-registered after 1st December 2003.
• 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. Your ex partner should only refuse contact if your child having contact with you poses a welfare concern.

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 the mother to obtain Parental Responsibility through an agreement. This form is entitled a PRA1. The form requires both parties consent
• 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.

The first stage that we would suggest you attempt with your ex partner is mediation. As you have attempted this, the next stage we would suggest is applying for a Contact Order. . A Contact Order would stipulate times for you to have contact with your child. If you are unaware of your child’s location you can apply to the Courts for an Application for Disclosure of a Child’s Whereabouts. The form required for this application is a C4 form. However this may not be suitable if you are aware of the area and are having contact with your child. If you just wish for the address to be disclosed, you can apply for a Specific Issue Order and ask the Courts to Order that the mother provides this information. The form required for this application is a C100.

To apply for a Contact 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.

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.

It is important to note that contact is seen to be the right of the children and not the right of the parent.

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