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Hello,
Currently I'm in a bad situation as the mother of my child has someone else on the birth certificate and the child has his surname.
I wanted to be part of the childs life, but the child is part of child protection. The mother has done her usual and let me get close and then has suddenly taken me out of the picture again as she did while she was pregnant. She does this to hurt me.
However my question is..
As much as I want to be involved in the childs life, If I walked away due to the issues that the mother is going to cause by saying I can see the child, not turning up to let me see the child and by keeping someone elses surname, where do i stand in Child Maintenance terms?
Someone else is on the birth certificate, can she pursue me for CM if she's designated someone else as the father?
It hurts me thinking about walking away, but she is going to make life [censored] and bend the system as much as possible to get what she wants.
Thanks
Although she has committed an offence by deliberately lying on the registration of birth, if she names you as the father to CMS, then they would come after you for maintenance - you could dispute being the father which would then involve DNA testing, but as I assume you are the father, then only if her new partner adopts will you be released from liability for maintenance.
Your ex would need to open a claim with the CMS, and these can't be backdated, but I would suggest that you consider opening a savings account and putting the money you would be paying into maintenance into the account, so that if CMS do come after you, then you aren't going to be in arrears and if they don't, then you have a lump sum for later on in life.
I didn't know it was an offence to put someone else on the certificate.
She's given the child the same surname as the other person which is something I'm not happy about.
The social have arranged for a legal DNA test, which will prove that I am the biological father, but she isn't going to make it easy for me if I am involved in the childs life. As much as I'd love to be involved in the childs life, I don't think i can mentally take the strain she's going to cause, which is why I asked about if I walked.
Hi There,
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I Would wait until the DNA test results have come back, and then make a decision.
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The courts can help you to gain an order to see your child, and then if she starts to ignore the order then the courts can enforce it.
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The one thing to consider through this is that even if you end up in court then the judge can make a legal order as the law is on your side, but they can't change the attitude of the mother which is something that I know only too well.
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I think what actd has said is the best option, as he says if you decide to cut all ties which ever the DNA test says then ensure that you put aside the amount of money that the CMS calculator states you should pay in case she starts up a case.
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GTTS
Thanks for the responses guys/girls.
I'm going to see what support the Child Protection/Social will give me.
Has anyone ever had experience with them? Are they good to work with when the CP is against the mother?
Hello Colonel_Black
If your DNA test proves that you are the child’s father, you will be responsible for contributing towards the child’s upkeep. Maintenance and contact are not linked in law and should be dealt with separately. Therefore, whether you have contact or not doesn’t change your responsibility to pay maintenance.
For information about contact, you could consider seeking some legal advice and you can find more information about that here, http://www.justice.gov.uk/legal-aid
If you would like some information about the different ways that maintenance arrangements can be set up and to receive a more personalised service, you can contact Child Maintenance Options directly, http://www.cmoptions.org
The Department for Work and Pensions (DWP) have a website, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is https://www.sortingoutseparation.org.uk/
Regards
William
You need to breathe in and out for a few mins and put to one side how complicated she is and put out the simple things to begin with .
1.fm1 mediation,turn up you will get a form to say you've attempted mediation
2.fm1 form can now go with c1 for parental resposibility
3.apply for c100 at the same time £215 for all of this
4.once you have pr you can add your details explain to the registry your the real father with your pr order in your hand
5.follow what your court order says with minimal communication with the mother out your robot head on
6.never give up by the time the years fly by you will regret it always wondering about your baby hits your stomach hard I much rather see my kid even if the mothers evil than walk away the pain is much worse !!
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