What Are The Legal Rights of a Father?
As a general rule the mother will always have what is referred to as ‘parental responsibility’ for her children regardless of the father’s presence or absence. This is something that many think needs to be addressed by the government and legal institutions of the United Kingdom.
What are My Rights as a Father?
You have rights as the father of your child if:- If the child was born on or after December 1st 2003 and you are named on the Birth Certificate as the child’s birth father
- If a Parental Responsibility Agreement is signed
- If the birth certificate for the child held no father’s name but was later renewed to show yours
- If a Magistrate or Justice of the Peace (JP) at the Family Court has granted you parental responsibility or an Order Of Residency
I Want to Enter Into a Parental Responsibility Agreement (PR) – Is This A Good Idea?
If you want to have a say in your child’s upbringing, then yes, it is a good idea. It is unfortunate that sometimes relations between both parents become so strained that the children will become the unfortunate tools that parents use to hurt each other.If both parents can enter into such a PR agreement, it should ensure that both parties have a say in how their child are brought up. This does not necessarily cover the day-to-day living arrangements but it certainly includes larger concerns, such as what school their child should go to, the medical treatment they receive, what religion they should be taught, etc.
In some cases, the parents’ split is an amicable one and there will be no need for such an agreement. But often it is a necessity if a relationship has turned sour and neither party can agree without the intervention of the courts.
Financial Responsibilities
You have a financial obligation to help provide for your child’s upkeep. If a relationship breaks down, you have to expect that you will be required by law to pay something towards caring for your child and providing them with what they need.This can be done by mutual consent between both parents – and if this is agreed upon it is important to have something written down so that all parties know exactly where they stand. If no agreement is made, or if you simply prefer it, Child Maintenance can be handled through the Child Support Agency.
The Child Support Agency requires that you pay 15% of your net income towards your child’s care and this increases to 20% cent for two children, 25% for three children and so on.
Visiting My Child
If you are named on the birth certificate as the father of the child, you have a legal right to see your children. This is sometimes tested to the limit if parents split under less than agreeable circumstances, and it can ultimately mean the involvement of the courts and family services to help mediate towards agreeable visiting rights for the father.If you are in any of the above situations and feel you need advice, it is wise to contact the Citizens Advice Bureau or your local family services court for more information and support. It should be noted, however, that it is best – where possible – to try to resolve any issues between both parents with resorting to courts and solicitors as this can be as traumatic for the child as it can be for the parents.
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Comments...
I am separated with my wife the last 2 years and have left England, after her booking a ticket for me to another EU country. Since then I used to contact with her and my daughter who is 9 3-5 times every week and sending them money, which were the most of my salary in the foreign country. My daughter was born in the UK and we lived there the last 9 years before I leave. Since this summer I lost my job and I was not able to send them money. My wife since then stopped contact me or allowing me to contact them, and she has nto given me the child to speak with. I have been tryign numerous times to speak to my daughter by phone or email and she doesnt reply. She now asked me a month ago to send a form thta I agree on divorcing. I cannot see my daughter and my wife uses her as a weapon against me. I am very destressed and I look for my legal rights as a father so at least to be able by law to see and speak to my child. My main issue is finance right now but I will do everything to find the money to go through the courts to regain contact with her. I look for legal advice in this subject as it is a UK law matter. Please advice. She does not allow me ot have any contact with them and my daughter. Thank you in advance. Any UK numbers or solicitors, advice, or help is welcome.i look for a start some free advice on what can do and what will be the procedures as well as advice on timelines and costs. Many thanks again
AZ - 4 January 2012 @ 10:29 PM
I have a little boy of 3 years old and me and my ex are not together now. On the 4/04/2011 I rejoined the Army and got posted to Norwich and my son is in Birmingham I pay maintance every month and would like to know can I reclaim fuel money back for making the 185 mile trip from Norwich to Birmingham and can I also pay less the more times I have my son at my house in Norwich. thanks for your time.
coops - 29 December 2011 @ 6:55 PM
i just married in june+already have 2 children my first born has her dads surname+my second has my maiden name.they both have no contact with their dads but my husband loves them like theyre his own,id like my oldest child to have my maiden name the same as her sister.the reason i havent changed my second childs surname as i dont want her big sister to feel left out, im just looking advice as my oldest childs dads name is on birth certificate
kd - 15 November 2011 @ 8:51 PM
I have an 11yr old daughter who wants to be part of her fathers life, he has no other reason to deny her other than to save face. As he has 5 other children she feels she has a right to know her siblings.
I went to court and he was declared her father under section 27 of the child support act 10 years ago yet him and his present wife say I haven't proved she's his. He's always refused DNA tests which I am more than happy to do. I need advice as to what my daughters rights are to be recognised as his daughter.
Jmoo - 13 November 2011 @ 6:36 PM
hi, i have been split from my ex partner for over 2 years but have payed the full mortgage from the start. I have asked her to pay something towards from early 2010 but still have not recived anything from her so were do do i stand if i refuse to pay anymore?
markyt75 - 8 November 2011 @ 9:44 PM
Hi,i am a single parent of a disabled son whom i care and support is wellbeing solely.His father and i split in may 2006, where he re-located his residence really close to our home.I continue battling to communicate with him in regards to our son. It causes additional stress for my son and me, his father has never had care orinvolvement nor does he even give guidance or support where it would benefit our son, (always relates to himself and feels he has rights to do so).I am exhausted in trying, yet keep calm and often hidden not to upset or involve our son in matters.His father however continues to malicously speak of me, and to the point where my son won't/does not want to tell me no more. I do not know who or what to do anymore?
julez - 4 September 2011 @ 4:31 PM
ive lived with my daughter at my parents house since 2001, my father has a residence order because i was in rehab in early 2001 and my daughters mum was in jail, however i feel i should have some legal rights as i've been told i do not have any as things stand. my daughter is 13 now and as i'm looking to move out of my parents house i am wandering if i could apply for joint custody with my parents or what other options are open to me. kind regards mr B. Davies
bjdav - 1 September 2011 @ 6:11 AM
I'm trying to the resonable one in what seems to be a very confusing split between my daughter and her fiance. They have a 2 yr old girl so I aware that she must never be used a s barganing tool in the relationship. Can I have a comment on vacation- each respective partent seems to think the other may not go on vacation without the express permission of the other. Since the father is still very involved in bringing up his daughter I think that it not a case of getting permisson but have a sensible discussion incase vacations clash. Legally, do they need permission or can they just agree? What if either party doesn't agree??
The inbetweener - 24 August 2011 @ 1:07 PM
as a father do I have a say in what they do & where they go?
chelsea1964 - 18 August 2011 @ 5:19 AM
Hi, I'm after some advice. I have just found out my ex-wife is moving to Northern Ireland with our daughter. My ex has remarried into the army and they are being posted over there in January'12. I am living in Engalnd as too are they at present. I really don't want my daughter to go there and would much prefer it if she stayed in England with her family as I feel this move won't benefit her in any way. What I'm after is advice on my rights as a father and if I'd be able to stop this move from happening. I already struggle for contact with my daughter (at present she is 2 hrs drive away) and I am only allowed to contact her on certain days of the week and at certain times. I just feel I have no rights and fighting for her gets me nowhere. Please help
rsw - 16 August 2011 @ 11:13 PM
Looking for some advice or where to go for advice
Situation is family pet (boisterous border collie) snapped in the face of 9 month old baby now he is mobile – has snapped at older children – before but never the baby.Mother has removed baby from the house as dad would not agree to let the dog go – wrote on his facebook page it’s me of the dog – and I want to keep my dog the toddlers didn’t do as they were told.When asked what he would think if the dog did more than snapped he replied we will cross that bridge when we come to it..Mum and dad work so time with baby and dog is very limited and the dog is jealous.
Parents not married – mum has given access but asked for the child not to go home – can she do this?Can she state what the access should be?Can she legally remove her child from this potential harm
monty - 5 August 2011 @ 9:47 AM
I have pr and want to know if i can legally keep my child with me or will i get done for kidnapping them even though im on the birth certificate and brought them up from birth as mum never bonded and still hasnt bonded with them
dbb - 8 July 2011 @ 11:27 PM
Hi, i just wanted some information on fathers rights, Can the Mother change there child's surname even if the father of the child doesn't agree to it?
Jade Floyd - 7 July 2011 @ 12:08 PM
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