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TOPIC: Paying CSA But Name Isnt On Birth Cert

Paying CSA But Name Isnt On Birth Cert 3 years 3 months ago #76536

  • Lee12
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Yea i do have everything saved on my phone and also on my PC so when the day comes when i have to go to court i will have all the evidence there to use.

Just hoping it will go in my favour

Thanks

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Paying CSA But Name Isnt On Birth Cert 3 years 3 months ago #76544

Hi,

I have self represented and i got an order by the courts for £215. If you want you can get a Mackenzie friend which will cost you a few hundred pounds but is a damn site cheaper than solicitors fee's. Over the past two years i have spent around a £1000 in all as you need to pay £215 each time you want to make a new application, so it can stand at £215 to gain contact but be prepared to spend a bit more if needs be

Paul
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Paying CSA But Name Isnt On Birth Cert 3 years 3 months ago #76545

  • Lee12
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Thanks Paul Really appreciate it

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Paying CSA But Name Isnt On Birth Cert 3 years 3 months ago #76551

Hi There,
.
As said above you do have an option of McKenzie friend who would attend court and help you with the prep work for it, they aren't allowed to speak for you in court but can advise you during and take notes, they aren't regulated though and some do charge almost as much as a solicitor would.
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The additional mentioned above for further applications would be for if your ex broke the order or you needed to change something about it, when you make an application to the court the £215 covers as many hearings as needed until a final order is made, so it's important to try and get the order to be as clear as possible and cover all future issues ect. so include holidays, foriegn travel, passports ect.
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You aren't at that point yet though so hold off on that and look at mediation first.
.
GTTS
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Paying CSA But Name Isnt On Birth Cert 3 years 3 months ago #76568

  • Mojo
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Hi there

If you want to apply for a DNA you don't actually have to attend mediation first, that's only for the application for access. You can still self represent and we will do all we can to advise and support you. Here's some information that sets out step by step what you will need to do to get the ball rolling.


In order to establish paternity of the child you would need to take a DNA test. There are two routes to doing this:

1) If the mother was to consent you could visit your GP and request a DNA test to be completed

2) If the mother was not to consent you would need to apply to the Courts for a Declaration of Parentage. This would be asking the courts to order a DNA test be undertaken. To apply for a Declaration of Parentage you would need to complete a form C63 which can be obtained from www.justice.gov.uk . There is a fee for this application which you will need to check with the Courts.
If it is established that you are the father of the child then you can address the following:

Parental Responsibility
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 are the biological father of the child we would strongly recommend that you obtain Parental Responsibility for your child.
You can obtain this through the following routes:

1) If you have gone through the Courts for a Declaration of Parentage you can request the court order your name be added to the birth certificate

2) If the mother agrees you can both re-register the birth certificate or, complete a form for a Parental Responsibility Agreement from www.justice.gov.uk entitled PRA1

3) If the mother does not agree you can apply for a Parental Responsibility Order on a form called a C1 from www.justice.gov.uk .

Before making an application to the Court you will need to undertake mediation with the mother. This is a process involving you, the mother and a trained professional third party mediator coming together to try and resolve the issue without the need to go to court. Under new legislation mediation is mandatory and you will need to attempt this before going to court. For more information on mediation and for help organising this you can contact National Family Mediation on 03004000636.

Contact
In order to establish contact, the first steps we would advise that you take would be mediation as detailed above. However if mediation does not prove successful then you can apply to the Courts for a Child Arrangements Order. This is a legally binding order that would set out the arrangements in relation to the child in terms of contact including the frequency and the type of contact.

To apply for this Order you would need to complete a form entitled a C100. There are also guidance leaflets entitled CB1 and CB3. These can all be downloaded from www.justice.gov.uk . There is a fee for this application of approximately £215. Although the court can give an exemption in certain circumstances.

In deciding whether or not to grant such an order the court will base their decision on what they feel is in the best interests of your son’s welfare, in order to do this they will go through the welfare checklist:

• Childs physical, emotional and educational needs.
• Effect of any change on the child.
• The age, sex 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 you would prefer to talk to someone about this you can give the Coram childrens adviceline a call, here's a link to their contact details

childlawadvice.org.uk/clas/contact-child-law-advice/

All the best

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Last Edit: by Mojo.
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