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Hi my son has been refused any contact with his daughter by the mother. He is not on the birth certificate. A month ago she said she couldn't cope with her and sent her to live with him. Last weekend she said she wanted to have her for the day which my son agreed to, but then she refused to send her back and told him he would not see her again. After trying police and social services and realising nobody would help he has decided to go for a parental responsibility order. However this doesn't seem as straightforward as we first thought? He cannot get legal aid or afford a solicitor. What are his chances? The mother would not voluntarily agree to anything and I believe it involves mediation? Am I right in thinking that if an order is granted he can use this to be put on the birth certificate?
I am new to the forum, any advice much appreciated
Hi Teacloth and welcome to the forum
It's not as daunting as it seems to do this without a solicitor and plenty of our members have faced court representing themselves with great success. Feel free to ask anything you would like and we will try to assist.
The first step is attempting mediation. Legal Aid is still available for this part of the process if you qualify. You can find details of your local mediator here;
If the mother won't attend, or won't attend and agree, then they will sign a form that allows you to make an application to court for contact with his daughter.
You use a C100 form to apply for what is called a Child Arrangement Order. You can, at the same time, apply for Parental Responsibility using a form C1.
If mediation is a success, you can apply just for Parental Responsibility using a C1 as well.
If your son is on a low income, or not working, you can get a form from the court (EX160A) that might reduce or exempt the court fees.
Best of luck
Hi Teacloth
Agree with the advice Yoda has given, mediation must be the first step before a court application can be submitted.
Mediation can work, it's a good idea to go into it with some idea of what your son would like; thinking about what the contact shedule should look like and how it would work around work etc. Being thoughtful of the child's age and what is best for her. If mediation is successful, rather than go to court, your son could suggest making a Parental Responsibility Agreement, which is done by both of them filling out the form and attending at the Registry Office to have it finalised.
It might also be helpful to suggest working on a Parenting Plan, you'll find more information on this and some templates in the stickys at the top of the legal eagle section.
All the best
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