Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Hi
When a father applies for a PRO, and it goes to a court decision, what factors and evidence are considered by the court in deciding whether or not to grant a father parental responsibility?
Or put a different way, if it was accepted and not disputed that the applicant was the father, on what grounds would a court not grant him a PRO?
Has anyone been through the process of having to secure parental responsibility via this route?
Thanks
Hi
When a father applies for a PRO, and it goes to a court decision, what factors and evidence are considered by the court in deciding whether or not to grant a father parental responsibility?
Or put a different way, if it was accepted and not disputed that the applicant was the father, on what grounds would a court not grant him a PRO?
Has anyone been through the process of having to secure parental responsibility via this route?
Thanks
I had to gain parental responsibility earlier this year while the mother was opposing it. It was undisputed that I was the children's biological father.
I think to be denied it,there would have to be serious genuine concerns as why it would be opposed such as child abuse or something similar along them lines.
Someone else on the forum should be able to confirm this in case I am wrong.
Hi
When a father applies for a PRO, and it goes to a court decision, what factors and evidence are considered by the court in deciding whether or not to grant a father parental responsibility?
Or put a different way, if it was accepted and not disputed that the applicant was the father, on what grounds would a court not grant him a PRO?
Has anyone been through the process of having to secure parental responsibility via this route?
Thanks
Even though all we want is a fair and equal involvement in the decisions of our own children - All the mother has to do is say ‘control’ and then the judge fobs it off to Cafcass with a section 7.
Surly this is control in itself by a Mother registering a child behind a Fathers back?
These women know exactly what they are doing to manipulate this system.
@dadlad thanks
what do you mean by control in this context? Also is this from experience?
I’ve read that unless there are serious welfare concerns it should be granted
@dadlad thanks
what do you mean by control in this context? Also is this from experience?
I’ve read that unless there are serious welfare concerns it should be granted
If there are no safeguarding concerns raised then you should be granted it.
if not.. All the mother has to say is that having parental responsibility will be a way to control (if already accused of domestic abuse)
The judge will then fob it off to Cafcass to investigate in a section 7 report (just as a precaution) its just a stone in your shoe and a way mothers abuse the court system to alienate you.
Stay strong brother and remember that this is a marathon not a race. Once you have jumped through every hoop and proved everything possible the mother will have zero excuses and won’t be able to stop you.
Play the game. Get Cafcass on side and you are already halfway there!
@dadlad is there anything i can do to put a marker down with Cafcass incase it has to go down that route. There has been no dom abuse, physical or anything that could be levelled at me
Have you had your Cafcass phone interview yet?
@parkside357 yes if mother is refusing to add you onto birth certificate, then you can request courts to do it. declaration of parentage: https://www.gov.uk/government/publications/form-c63-application-for-declaration-of-parentage-under-section-55a-of-the-family-law-act-1986
@dadlad thanks
what do you mean by control in this context? Also is this from experience?
I’ve read that unless there are serious welfare concerns it should be granted
Roughly how old is the child?
@mrstrange a month, birth cert hasn’t even been signed yet as far as I know
Great. As mentioned above. Filling in a C5 form is a good starting point. The process could involve a DNA test.
Be positive. The court’s is pro contact for both parents. Their position is that a deep and meaningful relationship with both parents is good for the development of a child unless it’s unsafe.
It’s important to have the right expectations. Contact for baby will either start with supervised contacted or supported contact with the mum being present. The latter is more flexible and practical for a child of that age. Therefore try maintain a positive relationship with the mum if you can. Don’t get angry/rattled, harass or threaten the mum, or else she could be granted a non-molestation order against you which could frustrate contact.
Overnight contact is usually not ordered before the child has turned 18-24 months. This is one of the downsides of separating when the child is a baby. On the positive side, the child is too young for their wishes to be considered, therefore it’s more likely than not that you will be ordered contact with your child.
Great. As mentioned above. Filling in a C5 form is a good starting point. The process could involve a DNA test.
Hi, C5 form is not correct one to use. Form C5: Application concerning the registration of a child-minder or provider of day-care
Hi
Despite my efforts to reason, it appears that the birth certificate has now been signed without me, and she has confirmed she had no intention of adding me.
Therefore i will need to go down the PRO route.
When may i expect to get a hearing from the point of application?
She has stated she will look to oppose it and drag up stuff from the past (my historic criminal record - not child related, accusations of substance abuse, basically anything she can use to get the unilateral control over our child that she wants). I am visiting and paying maintenance.
Has anyone got direct experience of securing a PRO, and the mother putting up a case to oppose the biological father getting it?
Hi,
Her allegations will have no bearing on you being added to birth certificate.
Her allegations will likely cause problems for you if you apply for child arrangements order, for getting child contact.
@bill337 Thank you
So hypothetically, i can apply for a PRO and that should get given irrespective of her allegations? I.e, on what grounds would you not get PR, if the two agree you are biologically father
That she's said if i apply for a PRO, she will stop me seeing our child, is a separate matter in terms of securing contact?
Contact is not being witheld (for now) however could well be the case if i do anything she doesn't want or like
Yes there is nothing stopping you applying for PRO. You can apply for PRO, then make separate application with C100 for child contact at same time.
Ignore any threats and intimidation from your ex. You can quietly document this abusive behavior, then tell court later during the c100 proceedings.
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.