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Hello there,
Thanks for the information you have provided on the above threads, some of it relates to me but my situation is slightly different and would like some advice on the matter, can you help?
I have a 5 month old daughter, her mum is married but they were already separated when i was seen her and she is still not divorced. At the time of the my daughter birth I was not present and wasn't told about her birth either. The guy who she is married to although he knew the child wasn't his signed the birth registration documents declaring himself to be the natural father, he was fully aware of that he isn't and the mother too of course. They are not together don't have any living arrangement but he appears as her father.
I made contact with the mother 3 months from my daughter been born. Although I am not proud of my initial actions I am doing whatever I can to make things right. I am in contact with my daughter and see her whenever her mum allows me to. I have been providing for my daughter also. Me and her mum have a friendly relationship but she disagrees with me in wanting to change the Birth Registration to my name so that i show up as the natural father. She says I have to proof myself and there is no set time frame of when she will deem it right to change it .My concern is that I have no rights over my daughter and someone else who doesn't live with her and is not her father has.
I have spoke to the mother several times about changing the birth registration, but we still don't come to terms . Ever since I said i will seek legal advice things have become a bit pear shaped and now I am seen my daughter less. Because of this I spoke to her again and offered her to come to some agreement, we came to a middle ground in me waiting till after December but she didn't guarantee me that she will change it, she just said we can talk about it again then. Is just a verbal agreement with no set conclusion. In the meantime she also allows her ex partner who she still married to to raise my child, I feel like this is not good for my daughter psychology and development and all the other factor of family affection and so on , as she has met all my family too and his as well.
My question is, if this agreement is better done through mediation ? i have offered this to but she apprehensive about it.
If I leave this any longer what are the consequences on me if after December and she still doesn't want to go ahead with it? will it look less favourable on me if i have to go court since there is someone else acting as her Father?
Is it fraud to legally declare yourself as the natural father if you are not?
If the Birth Registration changed, does her legal husband still have parental responsibility over my daughter or will that become null?
Do i need to take legal action?
I feel like I am in a corner, she has put an automaton if i tried to get a court order; having less to do with me if i don't do it her way.
I need some advice on what to do and where I stand legally?
Many thanks in advance
Hi and welcome.
A broad answer to your question is that it is an offence to knowingly make a false declaration when registering a birth, so he has broken the law, but he could certainly cover himself by saying that he thought that it could be his so he's not going to be prosecuted for this. I think mediation is the best way forward - take a look at www.nfm.org.uk and I'd also get the mother t take a look at this - hopefully that will set her mind at rest. It's purely a way of finding a way forward, and nothing is legally binding, though any agreement reached could be used later on as a basis for going to court if the agreement breaks down.
I'd give the Coram Childrens Legal Centre a call if you don't have a solicitor currently - they will give free legal advice, as I'm not sure about the status of her current husband once they divorce and you have PR. I know it's pretty rare for PR to be taken away, and only a court can do this I believe, but as I say, Coram would be able to advise you correctly on this.
This link might help...
https://www.gov.uk/correct-birth-registration/what-corrections-can-be-made
I was also under the impression that a birth certificate can be altered up until a child is 6 months old, but I could be wrong on that. It's probably best to speak to the Register Office about your situation, they will be able to tell you what you need to do.
On a separate note, if the mother refuses to make a correction, you can apply for PR and a Child Arrangements Order for contact. You will need to attend mediation prior to a court application being made.
Try mediation first as you have to before you make an application to court there's no point in relying on your ex to register you as the father as I wouldn't be surprised if it never happened.
I'd bite the bullet and get to court ASAP and apply for a Child arrangement order and Parental responsibility you can't be having some bloke bring up your child as their dad too right it will screw little ones head up get it sorted now whilst she's young and doesn't know any different.
It's pretty straight forward applying to the courts I wouldn't even think about the ex or her husband getting punished just concentrate on your little girl as thats all that matters at the end of the day.
I too wasn't allowed at the birth or scans I found out through FB the [censored] of my baby and that she had been born 4 days earlier then when my ex did let me see my girl 5 weeks after she was born I had to stick by her rules of seeing her for 2 hours each week with her supervised It was torture pandering to her to see my girl so I went straight to court after 9 months of [censored] through the courts I now have my girl friday - monday morning every week without fail so it can be done.
All the best
Slim π
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