To put it short, i had relationship with my ex for about 6 weeks, she fell pregnant, we broke up, i said id still support my son. He was born and even though she says hes 100% mine didnt put me on the BC. He's a year old now and shes limited me to two hour long slots during the week. Ive had him overnight once and he was completely no bother. She just says she doesnt want me to have him overnight and only after i threatened court did he stay at mine with me. I want to see more of my son, i want more of a relationship. Was wondering if anyone had any advice on what i should do to go about this. Ive literally tried to be nice about the whole situation but its gotten to the point where ive been backed into a corner.
also i pay maintenance every month off my own back without going through CSA
You will need to obtain Parental Responsibility in order to make an application to court for a Child Arrangements Order - you can either seek to gain PR first, or as part of the application for the CAO.
To apply for Parental Responsibly, and where the mother will not agree to grant it by consent, you will need to make an application for a Parental Responsibility Order to the Family Court and request that it grants you Parental Responsibly for your child. This is done on a C1 form. A Parental Responsibility Order is an order under the Children Act 1989, which unmarried fathers can apply for when the mother refuses to allow the father to be registered or re-registered on the birth certificate or refuses to sign a Parental Responsibility Agreement with him.
The mother should be given a chance to put forward her reasons for refusing to agree to the father having Parental Responsibility and why she thinks the court should not make the order (for example, if there are welfare concerns). It is then left to the court to make a decision as to whether or not it will make the Parental Responsibility Order.
The form for this application is a C1.
Before you can make this application, you must first attend a mediation Information and Assessment Meeting (MIAM). Applicants are legally required to attend a MIAM (except in certain circumstances), the respondent is only required to be invited. Wikivorce do a fixed fee MIAM for £95, although it's worth checking with a local mediation firm what thier fee will be for you to attend a MIAM.
Adding your name to your child’s birth certificate.
It is possible for a natural father’s details to be added to his child’s birth certificate if he and the mother have never been married and his name was not recorded at the time of original registration. The relevant application form is GRO185. Ordinarily, this application for re-registration does require the consent of both the mother and the father. However, in the event that the father has entered into a parental responsibility agreement or obtained a parental responsibility order, it is possible for just one parent to re-register the birth. This would be appropriate in such cases where the mother does not provide consent for re-registration. The parent making the application for re-registration in this case would be required to fill out specific sections of the GRO185 form and attach a copy of the Parental Responsibility Agreement/Parental Responsibility Order. A new entry will be made to include the father’s details and the original entry would have a note added to show the birth has been re-registered.
What is Parental Responsibly?
"Parental Responsibility is defined as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’. Therefore if you have Parental Responsibility you are recognised in the eyes of the law as having all the legal powers to make appropriate decisions in relation to the upbringing of your child.
1. Decisions either parent can take independently of the other without consultation or notification:
• How the children are to spend their time during contact periods;
• Personal care for the children;
• Activities undertaken;
• Religious and spiritual activities;
• Continuing to take medicine prescribed by a GP.
2. Decisions either parent can take independently but of which they must inform the other:
• Medical treatment in an emergency;
• Visits to a GP and the reasons for them;
• Booking holidays or taking the child abroad during contact time.
3. Decisions which must only be taken following consultation:
• Selecting a school and applying for admissions;
• Contact rotas during school holidays;
• Planned medical and dental treatment;
• Stopping medication prescribed by a GP;
• Attendance at school functions (so the parents may avoid meeting each other wherever possible);
• Age at which children are allowed to watch age-restricted DVDs and video games.