parental responsibility question

[waudby27]

Im wondering if anyone can help me, I have a child with my ex partner and as we were not married I do not have parental responsibility should anything happen to her. The split was not a good one and now she has told me that she is going to give the parental responsibility to her new partner even though I am named on the birth certificate Can she legally do this? She refuses to give it to me as like I said the split was not very amicable
Thanks in advance for any help

[waudby27]

In my opinion should something happen to her it would be morally right for him to come to me, Its my sons well being that made me write this as I said in my earlier post, the comment to me made by my ex is done purely out of spite

thanks

[redcrx]

how old is the child? I thought PR was automatic from a certain date.

[waudby27]

My son is 11 so I dont think I qualify for the automatic pr

[zebedee1691]

You can apply to the family court for Parental Responsibility. They will consider your reasons for applying, the amount of commitment shown by you to the child, and the degree of attachment between you and the child.

As your child was born after 2003 you do not have automatic Parental Responsibility even though you are named on the birth certificate.

[ojread2]

Parental Responsibility is only automatic if your child was born after Dec 2003 and ONLY if your name appears on the birth cert

You can't just give someone PR . Your ex would have to go via court to get real' PR and I have my doubts they would give it too him - do you see the child regularly? Do you pay maintenance?

[aniani]

The question is probably academic. Unless anything is likely to happen to your ex in the very near future your son will vote with his feet.

[waudby27]

thanks for the replies at least it puts my heart at rest

Yes i do pay maintainance �215 per month I see him fairly often, I cant afford to go to court and get regular access and my ex is incredibly tempremental about access, As I pay maintainance through the csa she wont let him stay over at my house once a week as apprently her money could go down by 1/7th, its a very delicate situation and also very frustrating for me and my son but the good thing is is that he is only getting older so in a couple of years he will be able to come to mine when he chooses and not be held to ransom like he is at the moment by his mother.

Thanks again