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Does It Make A Difference Is Father's Name Isn't On Child's Birth Certificate?
Someone has told me recently that a man has no rights regarding his child if his name isn't named their birth certificate.
Is this true. I thought that I had heard fairly recently in the media that a father especially one that has played an active role as the child's father has as much rights as if he was named on the birth certificate.
And if they have no rights do they have to go down the route of solicitors and DNA tests to get their parental rights?..
The father I am asking on behalf of has this thrown in his face quite a lot by the mum(he wanted to be on the birth certificate but she didn't ) and yet he still has money taken off him for child maintenance on the mum's behalf. :/
Is this true. I thought that I had heard fairly recently in the media that a father especially one that has played an active role as the child's father has as much rights as if he was named on the birth certificate.
And if they have no rights do they have to go down the route of solicitors and DNA tests to get their parental rights?..
The father I am asking on behalf of has this thrown in his face quite a lot by the mum(he wanted to be on the birth certificate but she didn't ) and yet he still has money taken off him for child maintenance on the mum's behalf. :/
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A father of a child automatically has 'parental responsibility' if he's married to the child's mother OR if he is named as the child's father on his/her birth certificate.
If a child's father doesn't automatically have parental responsibility he can obtain it through getting a parental responsibility agreement with the child's mother.
If the mother doesn't consent to such an agreement the father can then apply for a court order granting it to him.
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If a child's father doesn't automatically have parental responsibility he can obtain it through getting a parental responsibility agreement with the child's mother.
If the mother doesn't consent to such an agreement the father can then apply for a court order granting it to him.
https:/
The law accepts that there are some circumstances where it would be madness to give a father parental responsibility. e.g. where the child was conceived through the father raping his partner, then walking away and denying all responsibility for the child (including trying to avoid maintenance payments) for a whole decade. The mother would rightfully feel aggrieved if the father then tried to start interfering in, say, the choice of secondary school for the child (as he would have a right to do if he held parental responsibility).
However the law equally accepts that most fathers should be given parental responsibility (even where the mother opposes it); that's why there's a court process which lets him obtain it (unless there are compelling grounds why the court should refuse such an application, such as the father having convictions for sexual assaults on children).
The law may, as the saying suggests, often be an ass but this would appear to be a case where it's got it right.
However the law equally accepts that most fathers should be given parental responsibility (even where the mother opposes it); that's why there's a court process which lets him obtain it (unless there are compelling grounds why the court should refuse such an application, such as the father having convictions for sexual assaults on children).
The law may, as the saying suggests, often be an ass but this would appear to be a case where it's got it right.
I know of someone who has money deducted each week for a child and he is not named on the birth cert and there has been no DNA test. He has been told that if he took the test & it proved negative his payments would stop and he would get the money back that he has already paid. (Not sure how as the money will be long spent). This was all done via the CSA. He hasn't had the test done he says because the child has a Remarkable resemblance to him which is true and the mother told me that another likely father had been ruled out.
This is a useful site for Dads
http://
I knew there was a date involved ( 2003) and yes it looks like if his name is not on the BC then he is stuffed, no matter what you have heard in the media. There is an election on so you should take tee-vee with a pinch of salt.
The site tells you the route he has to go down to get parental responsibility.
// and yet he still has money taken off him for child maintenance on the mum's behalf. :///
This is because he has responsibility for his past actions and doesnt bear any relation to what rights he has at present ( wh seem very near to none )
and venator is correct the criterion for any decision by a court is that the interests of the child are paramount ( Children Act 1989 )
http://
I knew there was a date involved ( 2003) and yes it looks like if his name is not on the BC then he is stuffed, no matter what you have heard in the media. There is an election on so you should take tee-vee with a pinch of salt.
The site tells you the route he has to go down to get parental responsibility.
// and yet he still has money taken off him for child maintenance on the mum's behalf. :///
This is because he has responsibility for his past actions and doesnt bear any relation to what rights he has at present ( wh seem very near to none )
and venator is correct the criterion for any decision by a court is that the interests of the child are paramount ( Children Act 1989 )
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