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Parental Responsibi...
 
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[Solved] Parental Responsibility


Posts: 28
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Topic starter
(@shaun)
Eminent Member
Joined: 12 years ago

Hi Guys

You have never heard anything like this before. I was with a girl approx 10 years ago and she had a child stated at the time child was mine BUT i was not with her when she was pregnant so she changed her mind to me and a friend could be the father. I walked away knowing that i was not with her for approx 3 months so i was happy all was fine and i was not the dad.

Approx 9 years pass, and then CSA contact me for child maintenance for the child. I say child not mine and they say do a DNA test and i said i am more than happy BUT mother will not do test even at my expense. CSA said take her to Court or you still have to pay for child.

Took mother to Court and she told Judge she does not need to do DNA test as she already knows i am the father. Judge ordered test to happen at my expense and i said more than happy to pay.

Games with the sampling arrangement's started and i was sampled on a different day from child and mother and with a different doctor at her surgery.

Waited for approx 4 weeks for result and came back i was the father..............I did not believe test and phoned testing company to say why was i waiting so long for results, then informed.....one of the samples had not arrived so a extra test was sent out to her surgery in case sample was lost in post......then i check who works at her surgery and GUESS what its one of her nurse friends.....!!!!!!!!! FURIOUS to say the least.

So... back to Court for another test and altogether this time for samples. Get the result and GUESS what it said POSITIVE i am the dad. Telephoned DNA company and said send me through the consent from and photo i gave when sampled and GUESS whatthe photo was from the first testing company for sure as different photo. Testing companies now sharing incorrect DNA evidence.

Checked again with different DNA company and same lies. To be clear i am white mother is white and child is not.

Mother has blue eyes and i have blue eyes and child has brown.

Mother has blond hair i have brown and child has dark black

Mother has normal ears i have normal ears and child has very large ears - no offence to child.

Cant prove it and she said i was mad so i said ok let me see him and GUESS what NO you have no right.... hang on.. i am his father????

I said you cannot have it both ways so took her to Court and GUESS what she cancelled approx 18,000 back dated child maintenance as she did not want me involved and wanted me to go away.

I took her to Court anyway believing child must be mine as the x2 DNA tests suggest.

Very basically the local Court will not give me Parental Responsibility or contact and have issued a section 91-14 against me when i have done nothing wrong but want to see my child as the DNA tests say he is mine and have to accept this is correct.

Lots of trouble over Birth Certificate and now i am on there as the father and this now gives me Parental Responsibility after the Court said no i cant have it.

My solicitor said and wrote i do now have Parental Responsibility as named as his father but still cant be involved as the council will not let me who act for his school to find out his schooling reports ect.... even though solicitor has wrote to them and my local MP saying i do have Parental Responsibility but cannot use it as school will not accept or mother.

I would appreciate your thoughts guys.

Thanks

8 Replies
8 Replies
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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

CSA can't back date maintenance, payments only start from the time that the mother contacts them and if she did this when the child was born they would have contacted you then to let you know there was a case open for child support.

If the court refused you PR how did you then get your name added to the birth certificate without a court order? Did the mother sign a PR agreement, this would still have had to go before the court to get authorised. I'm confused!

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

A judge will order a 91 (14) if he considers that the court is being used with hostility by the applicant....or if he feels that the case needs a rest from litigation. It doesn't mean you can't apply to the court for an order, just that you need permission to do so....this would be done with form C2. Is this what happened, after the 91 (14) was issued did your solicitor them apply to the court for permission to apply for PR?

Usually if you have PR but no contact you would write to the local authority stating that you have PR and provide proof by way of a copy of the birth certificate. This should then be enough to allow you to have contact with the school and be sent updates etc about your child's educational progress.

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(@shaun)
Joined: 12 years ago

Eminent Member
Posts: 28

thanks for your reply, i am new on here and still working it all out.

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(@shaun)
Joined: 12 years ago

Eminent Member
Posts: 28

i will write now may take 5 mins.

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(@shaun)
Joined: 12 years ago

Eminent Member
Posts: 28

I am now listed on his birth certificate as his father following a decleration of parentage made by the courts.

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(@worriedmum)
Joined: 12 years ago

Active Member
Posts: 8

I can't comment on most of your post & I have great sympathy for your situation, but what I would say is that I have dark brown eyes, my ex has dark brown eyes.....our son has the lightest blue eyes you've ever seen.....my mothers! 🙂 I also have a friend, who is dark skinned from Mauritius....her husband is white, their eldest son has a very light tan, middle daughter is as white as white can be, youngest daughter nearly black.....& there is no question of paternity with all 3 children. Is it possible that relations further down the line have darker skin or different eye colours?

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(@shaun)
Joined: 12 years ago

Eminent Member
Posts: 28

hello mate, thanks for your post! on the eye colour have a look at this website by cutting and pasting into your web browser.
http://www.huggies.com.au/pregnancy/early-stages/eye-colour/#
you will see that two blue eyed parents can not have a brown eyed child, but two brown eyed parents can have a blue or green eyed child. When i asked a DNA scientist about this he said it was impossible but the DNA tests say I am the father.

Is there anybody out there who has a child with brown eyes, and both parents and siblings are all blue?

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(@Enyamachaela)
Joined: 12 years ago

Honorable Member
Posts: 539

If the Court has made a Declaration of Parentage and you are named on Birth Certificate, you have PR. Therefore you have the right to make an application to Court for contact. But you would be advised to apply for mediation first off, the Court require to see that you have at least attempted mediation even if she refuses.

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