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 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.
The law should take notice of the kaos in our country lastyear with all the youths rioting I wonder wat percentage of the rioters didnt have or see the dads I bet it would be high now dosent take much to work out lack of dad about = trouble so why does family law let mums stop dads contact wih kids wen mum is using and abusing this law if they dont want unrest on our streets a good start would be by the family law changing to make equal of both parents I knowif this happend every one would see the change for the better of society
Pudge - 17-Apr-13 @ 9:01 PM
hi, my husband has a 12 yr old daughter, who in the last yr has stayed with us for over 104 nights, but we still pay full maintence for her. Her mother agreed to us having joint custody, but will not do it legally and still wants us to pay her full maintence even when she stays with us for a month. My husband and i would happily have full custody of her, as her mother mentally abuses her but we can't prove it, she just says that the child is lying. The only liar is her mother, my husband contacted the csa to tell them we had his/our daughter nearly every weekend, she lied and told csa that we didn't have her that much. My husband doesn't want to kick up too much as the child suffers. My stepdaughter wants to move in with us, what can we do? I'm so worried about my stepdaughter's mental welfare, should i contact social services, i don't no what to do for the best
issy - 15-Apr-13 @ 4:52 PM
My new partner has a 3 year old daughter with his ex wife, they have been through mediation and he had an agreement from that to see her once a week on a Thursday, but he could only see her at the play group she attends, not spending any time away alone with her, also he was not able to bring his daughter to his home to see his family (ex lives about an hour away)
Today things have deteriorated and she is now denying him any access and saying that any contact needs to be through the courts, my partner can not rally afford this, but he fears for his daughters safety as the living environment is poor. He is contemplating going for full custody of his daughter and I support him fully in this, as I too feel there are safeguarding issues that need to be investigated.
Any advice would be much appreciated on how best to move forward as my partner loves his daughter an been told he can not see her has broken his heart.
Thanks
Yorkshirelass - 17-Feb-13 @ 9:28 PM
need some help in seeing my soon agin as its been about 1year now my ex wont let me see him. can you help me
lee - 24-Sep-12 @ 9:17 PM
Hi, I split up with my wife 8 months ago and we had this verbal agreement that she'd let me see my son on weekends and whenever I can on weekdays. Since then, a lot has changed and just to annoy me she doesn't let me see him that often. Legally, we are still married and haven't gone through divorce process yet. My question is.......
What are my legal rights as a father, how can I get a written agreement from her that she has to let me see my son on certain days? Do I have to go through court?
Nabs - 21-Sep-12 @ 7:24 AM
My ex partner and i split when i was pregnant with my one year old daughter. Since then he has been prosecuted for harassment and several other counts against myself. After everything settled down 7 months later we sorted out contact for him to see his daughter through a contact center as i didnt feel comfortable with him being around me or my two other children which arent his. Thankfully after a bit of time for the childs sake we sorted out contact away from the contact center btween ourselves. He now sees her for 4 hours on a tuesday evening and from 9am to 8pm on a satuarday as well as this i have agreed one overnight stay every three weeks from 5pm on the friday until 4pm on the saturday! However hes feels this is still not enough!!! I cant hand my daughter over anymore its knocking her out of her daily and bedtime routine... Hes trying to take me to court for more access. Does anyone know if hes entitled to more or am i being fair in what iv already agreed to??? Plz help! Thanks
Nelly - 20-Sep-12 @ 8:06 AM
My estranged wife lives approx an hour and half away. Our daughter, aged 8, lives with her. She has the residency, to which I did not object to when we split up 4 and half years ago.
Meanwhile lots has happened. The latest being that she and her latest partner moved from one part of the area they were living, which was opposite the school our daugher attends, and where she works. I was tikd 3 weeks before hey moved?! Although I wasn't happy as it meant our daughter could no longer look forward to walking to school with friends when she is older, the reason her mother gave for the move was that the house they were about to rent would be £100 a month cheaper. However, she and our daughter then had to get a bus to and from the school at a cost of £30 a week for the fares! Hmmm....Then this weekend, whilst our daughter is with me, I got a phone call asking for me to take her back today (we had previously arranged for her to go back tomorrow) The reason giving was that they would be using their bikes to go to and from school in the future and she wanted to take our daughter out on a ride on her cycle!
I am very concerned about her riding her bike some 2 miles + each morning (my ex starts school at 8am so she already has an early start to her day. Now she will be expected to ride her bike at each end of her busy day. Plus she has no cycling skills other than those given to most 8 year olds, rides up and down local paths/parks etc. I am majorly worried about all of this and uppermost is our daughter's welfare and safety. I do have equal parential rights as we were married, I am on the child's birth certificate and I have her regularly. I must add that the child gets very upset every time she has to return to her mother. Do we (My daughter and I have the right to now challenge the residency order to which I initially agreed to?) Thank you for any advice, support, in advance.
Regards
Roadrunner - 1-Sep-12 @ 8:06 PM
Hi there, My ex wife and I have a daughter together who is now 7 years old, my ex wife also has 3 children aged 14, 12 and 9 from her first marriage.
Recently she had a new boyfriend who hit her (the police were phoned and she has an incedent number and all her family are aware obviously), they finally split when he raised his hand to her oldest daughter (no contact was made as far as I am aware but the thought was most definately there)
After they split he stalked her at work and home and left messages on her car etc to her and to my daughter (who called him Dad by this point against my will)
I have just become aware that she is now seeing this man again on apparently a friend basis, and I am obviously worried about my daughter and her other childrens safety too.
Are there any steps I can take to stop her from seeing him when my daughter is present?
thanks Mr M
Mr M - 12-Aug-12 @ 5:42 PM
Hello
My wife said she wanted to end the marriage in January and then moved out in March leaving me in house with our 2 kids. I have paid for everything since then (mortgage, bills, food etc) but she buys their clothes. She has now not renewed her contract and is threatening to move back in unles i give her 10K to buy her out of the house, which I can't really afford to do.
Can she just move back into the house like that? She is still on the mortgage but has lived elsewhere and paid nothing towards it for last 6 months.
Thanks
CH - 8-Aug-12 @ 12:55 PM
Hi,
I separated with my ex partner over 7 years ago and we have one child who is 13. Wehave had an amicable agreement where we haveboth providedfor the child involved equally
He stays with me 3 nights a week and with his mother 4 as you cant really split 7 days. I recently filled for divorce on the grounds of my ex partner addmitting to an affair and the amount of time we have been apart. Since this she has said she is now going to seek child maintanace.
I am just wondering what she is entitled to, do i have to pay and is there anything i can claim from her.
I am self employed and recently was made redundant i have since found work but it is a 14 week contract with an agency. What happens if i dont get a continuation of work. i.e i have no income.
Thanks for any response.
Boris - 7-Aug-12 @ 5:00 PM
hi, my brother recently split form his girlfriend and came to us for a holiday. since beijnng here he has decided not to go back, he has a 3 year old daughter adn his ex is trying to get custod. the ex is not her biological mother. the biological mother handed the child to my brother ststing she couldnt cope and place this in writin ststing this. my brothers ex seem to feel she has rights over his daughter.we are confused as to the ex partners and fathers rights.
kay - 7-Aug-12 @ 9:50 AM
My partner and I are going through a bad patch and I believe we are at the end of pit relation ship if I was. To split Wat would my rights be to seeing and having my son over night please help
Colly9311 - 5-Aug-12 @ 2:46 PM
i am a great aunt i was just wondering if i have ant rights to see my great nephew ? and how do i go about it,my nephew ex will not let any of the family see him not even grandparents she is making out that my nephew is the bad oneplease can any one help we miss him so much.
sammy - 2-Aug-12 @ 9:36 AM
Do I need tmy ex-wife's permission to take my children to visit my family in Wales and Gloucester for an overnight stay?
Dads - 15-Jul-12 @ 6:26 PM
Hiim jheng who been in singapore last 2009 visit my baby father then i got pregnant and gave birth to philippines in year 2010 then after a month of gaving birth i come back again to singapore to visit his father and try to seek an employment but i failed to got approved the pass then go back then the father of my child ask me again to comeback and try to get employment pass but unfortunately i got rejected again last year then i need to go back. now i have a one year old child who has a father in singapore an indian man working in a good company that stop communicating to us just recently because he is planning to get married to other woman whom his parents wants for him im begging for help for being unemployed here in philippines with my baby while his father in singapore only thinks his reputation and own needs we talk about the agreement before about supporting and etc. I tot we are ok already and planning to go back in singapore for trying again to have pass but the last time ive been in sg was last nov. 2011 which is my pass got rejected so he ask me to go back first then just go back in sg if i could have confirm pass alreadybut suddenly he change he fight, shout nd talking so bad on phone he always find reasons to leave always makes us feel more pain and made us cryuntil now and not communicate with us and sometimes blaming me why i cant get the pass etc. Then just recently also ive found out he will get married soon which makes me more hurt and the pain that keeps growing until now was so much hurting thinking he can do like this i gave all the trust and love to him keep on believing him and all my world sorrounds to him follow whatever he wants and being a slave now until now i feel the pain so deep he told me next month we can come there with my baby and try the dependent pass but im calling him asking help because he didnt even say anything he just not answering my calls or sms he didnt even tell me to prepare now i dont know what should i gonna do to my baby how i can raise him alone i keep on believing on him and following him as i thought everything was ok he just left us of suffering more here he didnt even tell anything now i want to ask help for him to contact him for child abandonment and support i dont know how i can get over the pains now that seeing my baby with nothing is more crashing on me on pain i want to ask help for sending him a letter of agreement for us to overcome of what was happend im begging for help please i need help sometimes my mind so blank which is i dont know where to get of his needs i dont know why he is so mean and dont know how to fulfill promises for his child which is still so little im seeking work but its so very hard now of being alone how will my baby now i always try to get pass in sg i dont know why he always blame me for not getting the pass now without of anything i dont know what should do now for a living please kindly help us please im begging for help please thank you for your kin
jhe - 9-Jul-12 @ 7:16 PM
Hiim jheng who been in singapore last 2009 visit my baby father then i got pregnant and gave birth to philippines in year 2010 then after a month of gaving birth i come back again to singapore to visit his father and try to seek an employment but i failed to got approved the pass then go back then the father of my child ask me again to comeback and try to get employment pass but unfortunately i got rejected again last year then i need to go back. now i have a one year old child who has a father in singapore an indian man working in a good company that stop communicating to us just recently because he is planning to get married to other woman whom his parents wants for him im begging for help for being unemployed here in philippines with my baby while his father in singapore only thinks his reputation and own needs we talk about the agreement before about supporting and etc. I tot we are ok already and planning to go back in singapore for trying again to have pass but the last time ive been in sg was last nov. 2011 which is my pass got rejected so he ask me to go back first then just go back in sg if i could have confirm pass alreadybut suddenly he change he fight, shout nd talking so bad on phone he always find reasons to leave always makes us feel more pain and made us cryuntil now and not communicate with us and sometimes blaming me why i cant get the pass etc. Then just recently also ive found out he will get married soon which makes me more hurt and the pain that keeps growing until now was so much hurting thinking he can do like this i gave all the trust and love to him keep on believing him and all my world sorrounds to him follow whatever he wants and being a slave now until now i feel the pain so deep he told me next month we can come there with my baby and try the dependent pass but im calling him asking help because he didnt even say anything he just not answering my calls or sms he didnt even tell me to prepare now i dont know what should i gonna do to my baby how i can raise him alone i keep on believing on him and following him as i thought everything was ok he just left us of suffering more here he didnt even tell anything now i want to ask help for him to contact him for child abandonment and support i dont know how i can get over the pains now that seeing my baby with nothing is more crashing on me on pain i want to ask help for sending him a letter of agreement for us to overcome of what was happend im begging for help please i need help sometimes my mind so blank which is i dont know where to get of his needs i dont know why he is so mean and dont know how to fulfill promises for his child which is still so little im seeking work but its so very hard now of being alone how will my baby now i always try to get pass in sg i dont know why he always blame me for not getting the pass now without of anything i dont know what should do now for a living please kindly help us please im begging for help please thank you for your kin
jhe - 9-Jul-12 @ 6:21 PM
Hey I just wanted a bit of advice from people. My x walked out when my daughter was to weeks old. He has saw her every Monday , She is now 6 months. I have stopped him from seeing her as if and his family kept giving her different milk from me. chocolate milkshake , chocolate bars , solids and other things . I asked them not to give her these things but they didn't listen . Her bouncy chair also sits on a window sill. I'm concerned for her health and safety. He's been density me abusive txts and my health visitor has advised me not to send her up.
What should I do? X
jo jo - 3-Jul-12 @ 5:51 PM
hi there im just wanting to know what rights does my x have to our unborn child from now till birth and just after? i already have 1 child from another relationship few years back. my x and i are not on good terms but would rather not have to go through court if can avoid it i want him to be in the babys life he does to but i just want advice as its pretty grim over here. and just want the fighting to stop.
thanks
confused - 1-Jul-12 @ 9:58 AM
And what makes matters worse is we going to have a baby of our own soon and we can't get by some mnths we can't even pay the water bill and I understand that if we can't get by then we are allowed to make her many less I did get a form from the court where we have to record all our expenses for the month but I need to be sure that we not going to get slapt in the face please give me advice that's going to work.
blue - 24-Jun-12 @ 12:34 AM
Hi there I'm having a problem with my husbands ex girlfriend so I actualy need advice. He pays every month on time but she only allows him to see his son when she wants him to and on top of it we are'nt sure if she is even using all the money on him and I'm getting the impression that she's abusing the medical aid what do I do?
blue - 24-Jun-12 @ 12:19 AM
3 years ago my ex partner and myself split 12 months after she had an affair. we have two children together.1 boy and 1 girl. 6 months after the split the children came to live with me as she was abusive and not capable of caring for them. there is a current criminal case running for child cruelty. she has no contact with either child at all. there have been issues surrounding the paternity of the little girl so i decided to have a paternity test to prove once and for all that the child is mine and to put to bed all the nonsense. well i just received the results, i am NOT the paternal parent. through all of the emotion i just want to know where i stand legally. i will not give my little girl up for anything but now i am worried sick that if the results became public i might loose her. the mother pays no maintenance and i am on the little girls birth certificate as the farther. the little girl was born 2008.
KFP - 20-Jun-12 @ 10:11 AM
Hi advise if anyone can please
i married in 2002 - had a baby 2005
by sept 2006 we split due to him being abusive violently and emotionally - my divorce states unreasonable behaviour.anyway we didnt talk for 2 years. then i recd a solicitors letter stating he has the right to see his 2 yr old and i should arrange visits. so i did he was to come every sat twice a month from 10 - 5pmthis lasted a few weeks then he did nt come again for a few months. and then just came once a month on a sat. then didnt bother again for weeks. then i said stop you not doing this and asked him to leave us alone. he not paying and not paid maintenance.He then worked cash in hand so that i couldnt claim csa. and as i understand he has remarried with 1 child and still cash in hand. he called me in dec to say he has a new child and wants his son to meet the baby for an hour and thats him done he will leave us alone.i asked him what - you just want your son for an hour and you will go away - he replied yes - he has no thought for his son and to use him just to say oh by the way we got another child now bye - is not fair.he has sent me (his solicitor) 2 letters stating he wants to see his son. I have ignored the letters, anyway now june i have recd a letter saying he has applied to the court and awaiting a date.I have contacted csa to ask if he has ever paid anything as i ve not had anyting and explained that im possibly going to court and want all my info to hand to throw at him. my argument is in 6 years he's done nothing never paid anyting well in total if im honest he's paid 425.00 in 6 years.and now wants 50 /. 50 im scared that he's going to get it. any advise or anything from anyone that has been in the same situation would be great - many thanks
tassywaa - 11-Jun-12 @ 12:25 PM
Hi,
I'm just after a little bit of advice really. My partner has two children with his ex wife. The money he pays her for them per month is set by the CSA guidelines, however they don't go through the CSA. This is fine, he wants to pay for his children, however the problem he is having is that she only let's him have them once a week, as if he had them over night twice per week her payments would go down.
He wants to see his children more, but is being stopped by her as she doesn't want to get less money. Can she do this? What are his rights where seeing his children are concerned?
Thanks
Jen - 7-Jun-12 @ 11:52 AM
@smurf - how old are your kids? Can they make a balanced and informed decision about changing their surname? Does their dad have PR? I'm not sure legally what your rights are but I'm not sure how it's in the interest of the kids to change surname. More like something you want.
dadz - 31-May-12 @ 10:12 PM
hi i seperated from my childrens dad and im wit a new partner due to get married in few months, my childrens dad has only seen his kids 3 times in the last 8 months the children duna want to see their dad anymore as he keeps letting the children down i was wondering when i get married would i be able to change the childrens surname to my partners name once we are married i have asked the children and they want to change their name aswell thanks
smurf - 31-May-12 @ 10:00 PM
my ex gives me no information about anything to do with my daughters schooling eg. activities, parents evenings etc.I have approached the school on several occasions and even proven with a birth certificate that I have this right yet they still refuse to contact me on these issues. What rights do I have as I feel like im being cut out of my daughters school life.
craige - 30-May-12 @ 12:42 PM
My 13 year old son has lived with me for the last 2 months permanantly and on and off for the 2 years...he no longer has an open relationship with his mothe, my xwife. He never stays or visits her. I receive child benefit child tax credits and CSa from her.
I'm currently waiting to go for surgery on my spine and I'm considering moving from Scotland back to England where all my family are as I feel, as does my son that due to the remote setting we live in we will struggle during my recovery.
I want to leave with him and his mum on good terms, feeling he has an open door however would it be illegal to leave without some kind of consent?
Rdavie - 25-May-12 @ 1:51 AM
I have a 2 year old son and I am wanting to take him on holiday for 10 days to Spain in July 2013. My ex won't allow me to take him and has informed me that unless I get her consent, I haven't a chance in hell of being able to do this. I have my son 3 times a week and have a fantastic relationship with him. I am also named on his birth certificate and he has my surname. I have no idea why my ex would stop our son from experiencing a fun holiday. I need to know my options and if my ex is right in saying I haven't a chance without her approval. She also says that even if I went court the judge would be unable to do anything without her consent. Both family's say that I have a closer bond with my son and that I'm practically the "mother" so he would be more then fine been on holiday. Also I don't just want to take him away this one time I'd like to take him every year while I'm in a position to do so!
Thanks
Jay
Jay - 24-May-12 @ 9:41 AM
My ex girlfriend will not let me see my daughter, she was letting me see her for 4 hours on Saturdays but now will not. I have tried to get bank details to pay maintenance but she would not give them me and now we are going through csa which I'm fine with. She has also registered the birth and not put me on as father but left it unknown!! I have no doubt she is mine and desperately want to have weekly access. She says take me to court cause there's no way that I will WIN??? I just want to see my daughter
Mick - 23-May-12 @ 9:10 AM
I think its poop what i just read now dont get me wrong some guys are realy good dads and have every right to see their kids but is it fair to the kids who have fathers that dont pay much ation to them or help with anything for them or even calls themwhat if they put girlfriends and other kids first what if their behind on chiled suport should dads like that still have right i have to calm my 2 down all the time from were they get so upset because of how their dad treats them and their dads gf now tell me is that fair should those dads realy have right should lil ones have to grow up and see that they come 2nd place to their dads i think its a bunch of bs.
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