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hi , just at my wits end regarding seeing my daughter . Partner ran off after an affair she's having , she has now denied me access to my daughter .
Claiming I am not the father , where do I go from here ?? she is now refusing a DNA test to prove this , where does this leave me ?
,I am on the minimum wage , barely struggling to survive . I love my daughter dearly , she has just picked up and ran off with this guy , and took my 6 year old daughter with her miles away !
I would be most grateful for any feedback please
II Hi there
I've copied and pasted this from advice given to a previous member by Coram Childrens Legal Centre, which you may find helpful.
In order to establish paternity of the child you would need to take a DNA test. There are two routes to doing this:
1) If the mother was to consent you could visit your GP and request a DNA test to be completed
2) If the mother was not to consent you would need to apply to the Courts for a Declaration of
Parentage. This would be asking the courts to order a DNA test be undertaken. To apply for a
Declaration of Parentage you would need to complete a form C63 which can be obtained from
www.justice.gov.uk. There is a fee for this application which you will need to check with the Courts.
If it is established that you are the father of the child then you can address the following:
Parental Responsibility
Parental Responsibility is defined in s.3(1) Children Act 1989 as being: "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property".
Practically Parental Responsibility means that both parties should consult and consent on issues such as schooling, medical issues, change of name, removal from the jurisdiction and other major issues concerning the child.
If you are the biological father of the child we would strongly recommend that you obtain Parental Responsibility for your child. You can obtain this through the following routes:
1) If you have gone through the Courts for a Declaration of Parentage you can request the court order your name be added to the birth certificate
2) If the mother agrees you can both re-register the birth certificate or, complete a form for a Parental Responsibility Agreement from www.justice.gov.uk entitled PRA1
3) If the mother does not agree you can apply for a Parental Responsibility Order on a form called a C1 from . www.justice.gov.uk
Before making an application to the Court you will need to undertake mediation with the mother. This is a process involving you, the mother and a trained professional third party mediator coming together to try and resolve the issue without the need to go to court. Under new legislation mediation is mandatory and you will need to attempt this before going to court. For more information on mediation follow this link
www.nfm.org.uk
Contact
In order to establish contact, the first steps we would advise that you take would be mediation as detailed above. However if mediation does not prove successful then you can apply to the Courts for a Child Arrangements Order. This is a legally binding order that would set out the arrangements in relation to the child in terms of contact including the frequency and the type of contact.
To apply for this Order you would need to complete a form entitled a C100. There are also guidance leaflets entitled CB1 and CB3. These can all be downloaded from www.justice.gov.uk. There is a fee for this application of approximately £215.
In deciding whether or not to grant such an order the court will base their decision on what they feel is in the best interests of your son’s welfare, in order to do this they will go through the welfare checklist:
• Childs physical, emotional and educational needs.
• Effect of any change on the child.
• The age, [censored] and background of the child.
• Any harm which the child has suffered or may suffer.
• How capable each parent is of meeting the Childs needs.
If you don't know their whereabouts you would need to first apply for a Seek and Find Order using form C4 and giving as much information as possible to help the court to locate her.
There a court fees to pay but if you are on a low income you may be eligible for a full or part exemption from the fees.
Many dads make the decision to self represent as solicitors can be so expensive, it's doable and if you decide to take this route we will do all we can to advise and support you. There's lots of info in the stickys at the top of the legal eagle section which you may find useful.
You may also benefit from attending a Families Need Fathers meeting in your area, where you will get face to face support and advice and get to meet other parents in similar situations. Here's a link to their website where you'll find details of meetings in your area
www.fnf.org.uk/help-and-support-2/local-branch-meetings
Best of luck
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