Parental Responsibility

[Monkey77]

Does anyone know what the current law is regarding parental responsibility, I was given to understand that my estranged partner who moved away from the area over a year ago, no longer has parental responsiblity. His name is on the birth certificate but we were never married. Can he apply for parental responsibility?

[pinktwink]

yes as his name is on the birth cert he has equal legal guardianship rights and can activate it at any time

[Buenchico]

Pinktwink's answer might not apply. It depends upon when your child was born.

Your ex-partner has automatic parental responsibility if either:
(a) he was married to you when your child was born ; or
(b) your child was born on, or after, 1st December 2003 and (as you state) his name appears on the child's birth certificate.

If your child was born before 1st December 2003 (and you were not married to your partner when the child was born), your ex-partner will not have parental responsibility unless either
(a) you have voluntarily entered into a formal agreement giving him parental responsibility ; or
(b) he has sought, and obtained, a parental responsibility order from a court.

Your partner moving away makes no difference as to whether he has parental responsibility or not. If he currently does not have parental responsibility he can still apply for it but it would not be granted automatically. The court would take the following into account:
* the degree of commitment shown by the father to his child
* the degree of attachment between father and child
* the father's reasons for applying for the order

http://www.direct.gov.uk/en/Parents/ParentsRig hts/DG_4002954

Chris

[pinktwink]

very informstive chris !! well done Here in ireland once a parents name is on the birth cert thay are legal guardian and it doesnt matter if married or not. Mind you we dont have the child maintenance system yee have and parents are not pursued for maintenance
monkey it is important for your child to have the opportunity to have contact with the absent parent save it is safe and there are no risks to their welfare. Whilst your relationship with your ex partner may not be good that does not necessary mean they vcan not have a positive relationship with their child

[Monkey77]

We were never married, but we have two children together, one born before 1st December and one after.

He has has no contact with the children (his choice) and has since remarried, so I can't imagine him applying for parental responsibility (for the time being) just wanted to know where I stood.

Thanks very much all of you, very informative and reasuring!