Parental Responsibility

[loulou111]

I would like some advice for my brother. His Son was born February 2003. He was never married to his ex partner but is on the birth certificate. He was horrified to learn he does not have parental responsibility because of when he was born?. The split with his ex was not great and she is refusing to allow him Parental responsibility, despite the fact his son has stayed with him every Friday night and all day Saturday since the split. I was wondering if there was a way he could obtain the P.R through the courts where he represents himself. He was quoted almost a thousand pounds from a solicitor. I am a foster parent for the first time and will ask a social worker friend later for some advice. However i was wondering if anyone has gone for P.r by representing themselves how long it took how much and how you go about it. Thankyou

[buildersmate]

This Government website explains what parently responsibility is and how one gets it.
https://www.gov.uk/parental-rights-responsibilities/who-has-parental-responsibility

But it seems you are correctly informed - automatic rights of fathers did not happen in England and Wales until 1st December 2003 - and even later in the 'provinces'.

[buildersmate]

I should have added that the above guide explains how to apply for PR as the father - even if the mother doesn't want it. It involves a court process for which the court fee is £200 - so that answers your question about the cost and how to do it. Clearly it is possible to DIY - one just has to be comfortable handling the court process - but many people do it.

[loulou111]

Thankyou for the information buildersmate. I am seeing my brother this afternoon i will show him. I hope the success rate is pretty good when applying for this and it does not take to long. It will be nice to give him some hope.

[tonywiltshire]

The Childrens Act defines Parental Responsibility as “all the rights, duties, powers & responsibilities which by law a parent of a child has”. A Mother has PR by right a Father does if he was married to the Mother at birth or if the child was born after 01-12-2003 and his name was on the birth certificate as Father, he can make an agreement with the Mother or apply to the Court for PR.
Your Brother may also wish to consider obtaining a Contact Order. As stated by others many people successfully represent themselves in the Family court and many more probably will in the future with the restrictions in legal aid.

[loulou111]

Hello i saw my brother this afternoon. He has asked me to thank you all on his behalf.

[loulou111]

He has decided to do this himself without a solicitor, thanks for all the helpful tips.