If you have a child with your partner but aren’t married, you do have rights and responsibilities. Since the new law in 2003, if you were present when the birth was registered and your name is on the birth certificate as the child’s father, your position as a parent is equal to the mothers.
That law supplemented the 1989 Children Act, which was intended to emphasise parental responsibilities over rights, and believed that arrangements which were best for the children could be made without things having to devolve into court actions. It was idealistic, and the reality has often proved different from the intention.
The Problems
However well-intentioned the law, it can contain some nasty surprises for you. If you weren’t married to your partner and your name isn’t on the child’s birth certificate, although you know you’re the biological father, you could find you have no right to see your children unless your former partner allows it.
If your name isn’t on that birth certificate, you’ll need a Parental Responsibility Agreement. Once signed and properly filed with the court, this will give you full parental rights and responsibilities. Of course, if your former partner won’t sign, then you’re stuck, and be forced to take the case to a hearing in court. If the mother continues to assert you’re not the father, the legal bills could become very high indeed. You’ll need to apply for a Parental Responsibility Order. The court will consider the welfare of the child, and you’ll find that an Order will be granted only if it’s better than not granting an Order at all.
In recent years, there have been protests regarding Fathers’ Rights in the UK (witness some of the antics of Fathers4Justice, for instance). However, according to government statistics, the vast majority of arrangements for contact (90%) are made informally, and in 2003, only 2% of the applications to court for contact orders were refused. In other words, in spite of the horror stories, you should have a good chance of contact, especially if your child was born after 2003, or you have yours and your former partner’s signatures on a Parental Responsibility Agreement.
Types of Orders
You should be familiar with the types of orders you’ll encounter once you’re separated. A Residence Order determines which parent the children will live with – which in most instances is the mother, although you can apply for a Residence Order (this is possibly even if you don’t have Parental Responsibility). Realistically speaking, though, don’t hold your breath. A Contact Order specifies when and under what circumstances you can see your children. The court has to consider the welfare of the children when granting, or not granting, a contact order.
A Prohibited Steps Order prevents someone (not necessarily just a person with Parental Responsibility) doing certain things with your children, such as removing them from the country.
Specific Issue Orders are drawn up to deal with particular items, where you and your former partner can’t reach agreement. They’re often requested for education and medical issues. You’ll need to use a solicitor to apply for any of these orders.
What next?
There are several ways to arrange contact between you and your children, ranging from an agreement between you and your ex to a Contact Order from the family court. Our article How Visitation Rights Work for Fathers gives information on how the orders work and what to expect from them.
hi, i was with my ex for a year and when he found out i was pregnant he left and didn't see him then until my daughter was 6months old.. i then put him on the birth certificate thinking it was the right thing.. he slowly lost interest with her and now only sees her one day a week for an hour.. i asked him too see her more and he told me no, then threatened me with court for asking too see her more, what right does he actually have and does his Mom and dad have any right ?
steph - 6 February 2012 @ 3:48 PM
Hi.hope you can help me.i split with my ex a year ago and we have a 3 year old daughter I have no problems with him seeing our girl and have never stopped him even tho he cancels seeing her alot.the prob is he has a new girlfriend and is known for taken drugs/stealing also has mental problems.she has 2 children and has social service involved in the care of them.can I stop her seeing my daughter.shes has also threatened me. Please can anyone advise me.
Fletch - 3 February 2012 @ 12:39 PM
if i have jointcustody of my kids am i not entitled to a council flat or house i have 3 kids 11 10 and 6 im at the end of what i can put up with now please tell me
paulie - 3 February 2012 @ 1:15 AM
Hi, I have been with my partner for 7 years and we have three children - 4, 3 and nearly 2. I had a one night stand about 18 months ago and whilst we have tried to work it out she has decided that she doesn't want to be with me anymore and doesn't feel the same way.In the very short time since she made the decision to separate she has started a new job 150 miles away and started seeing another man who happens to own the company she now works for. She has decided to move to the area where she works and is planning to take the children with her in a few months time, prior to our middle child starting school. I'm not in a position work wise to be able to move there as well so the extent of my contact with my children will be every other weekend at best. I don't believe this is the fit thing to do for the children, and certainly not for me as the father. I have always been an incredibly active father, fully sharing responsibility for looking after the children when my partner is working away (2-3 days a week). Now that she is in a new job she also has to go overseas for a week at a time every few months and she is working all the hours god sends, including weekends and evenings. She claims this will change in September but this is her work ethic and I'm not so certain it will change. Essentially, I don't believe the children moving there is the best for them. Who will look after them when she needs to work? What does she expect to do when she has to go overseas? Will she expect me to just take them (I would of course, but should it be taken for granted?). On top of this, the house she is moving to is owned by the man she is seeing (he is very wealthy) and has just been fully furnished at his expense. Assuming they stay together for the next few months I can only imagine they will move in together and this brings me onto my other concern. I have found out (factual, not assumed) that the man has mental problems - severe anxiety disorder and major depression. I know this because I saw the letter from his GP that showed the results of two tests he had to do (my partner left it on the side in error at home). I'm concerned about my children being in the care of a man with such problems, especially as I won't be close by. My partner has also been married twice before, and been in 2-3 serious relationships before we got together and has walked out of all of them because they didn't suit her needs. She has now done the same to me (admittedly I had the one night stand but things weren't right before that). Our children are very needy and need constant attention and continuity and I don't believe she is going to be able to give them that. I believe I could give them that if they stay at home with me. Any views would be very welcome! Many thanks for reading if you got this far.....
Simon - 23 January 2012 @ 6:25 PM
can anyone help me.... my partner and i have kinda separated( recently not talking well and not seeing each other since last saturday) and we have been together for nearly 2 years and dont know if we will get back on track after recent events,,, we have 8 month old son.. we were going to move in together after constant knock backs of trying to do so sooner and this fell through due our own faults and errors and arguements, this wasour first opportunity to do so after such a hard recents months..she is still at home with her mum and im back with my mum,she is very bitter and angry with me even tho we have both been at fault... she is stopping me from seeing our son and saying that im out of the picture with her and our son, that she can do it on her own, that im a no good waste of time and that im not needed....my name is on the birth certificate and i kno i have parental responsilibilties to our son... is this just a bust of angry that will fade away or shud i listen to her and wait for her to cum round .... is it me that is causing the situation to worsen by talking when she doesnt wanna listen... plz help me as im goin insane over this...thanks all
single dad - 18 January 2012 @ 4:28 PM
I separated from my girlfriend 6 months ago and she's now moving to northern Ireland and has decided to stop me' from seeing my son and has cancelled all contact and is refusing to give me' an address. I pay money weekly into her bank account and was present at birth and on the birth certificate. Please tell me' how I can gain access to our son and if she has the right to cut me' out of his life simply because I have moved on. Thank you
Kibs - 17 January 2012 @ 2:36 PM
Hi my partners ex decides to stop his contact with his son whenever she feels like it: it can be months at a time with no contact, it takes him to go to a solicitor before he is allowed access again. Can he still get an official agreement in writing so that she cannot just stop the contact whenever she pleases even though he is currently allowed access???
smithy - 12 January 2012 @ 7:29 PM
I have an 11 year old daughter and I am emigrating to Australia, originally my daughter wished to live with us in Australia now she says she would prefer 6 months in Australia with me and 6 months with her mother in the UK. I do not have PR but I am on the birth certificate and my daughter has my surname, she currently has stays with me every Friday after school to Sunday 5 pm since she was 3 years old, I also take her on holiday one per year for 2 weeks and she stays some school holidays when it suits her mother.If I was able to ensure her schooling was not hindered how would I go about getting joint custody, my ex partner will not agree to these arrangements.
dadio - 8 January 2012 @ 8:30 AM
I have a 9 year old son with my ex we split 5 years ago but have always been part of his life I was there for the birth etc but she never put me on the birth certificate I have been in a new relationship for the past 3 years and since got married my son stays all the time he came in october and has just gone home its bin like this for the last 2 years he stays for months on end we take him on holiday and buy him what he needs and she still wont put me on the birth certificate when I have made to appointments to get my name on and she has not turned up he has a better life with me while she goes on and spends all his money on clubbing she is never there for him its always me untill she wants to turn up and see him when she wants I think after all I do I should be on the birth certificate wat do I do now ?????
twiglet - 3 January 2012 @ 5:10 PM
Hello, i am writing on behalf of someone else:
He is married but seperated with 2 children. The mother has not let him see his Children for nearly 8 weeks now and has also increased his CSA maintenance as he isn't seeing them. So he is paying alot of money and isn't even allowed to see them. What rights does a father have?
He is also having to get a solicitor and take the mother to court which is costing alot more money. So as it stands, he is paying alot of money each month to not see his Children and now needs to pay for a solicitor to see his Children.
Surely this is not acceptable?
The father's name is on both birth certificates.
Thanks
SLK - 27 December 2011 @ 2:13 PM
My ex partener who I was with briefly is pregnant and refusing me contect with our soon to be child she says if I'm not on bc or present at bith or recorded any where as the father I have no rights?? Is this true or can I take her to court for dna?? She says I need her permission for dna even thru th courts and she won't give it?? Where do I stand??? Thanku in advancex
worried - 20 December 2011 @ 9:46 PM
My wife left me three days ego and she take our 15 months son with her abroad to Bosnia, she insists that by law she has the right to take him and only let me see him as she likes. I am British citizen as my son, but she is Bosnian citizen. I am on the birth certificate; can I legally demand equal time with my son and for him to stop over? Please I hope there's some help out there for me, my son is my world and he worships me it really isn't fair for me or him not to be able to spend as much time together as possible, thanks.
seva - 17 December 2011 @ 6:59 PM
Hi my partner had another affair and walked out on me and our daughter a few months ago now and I have my 1.5 year old girl living with me. she phoned up the csa and other such people and put everything in my name and also wrote a small letter for myself detailing how our daughter now lived with me and that I would be claiming monies for her. now though she has changed her mind as she cannot afford her flat, she has gone to a solicitor and now we are going through mediation (which is very biassed in her favour I might add). how well does the fact she signed everything over to me (including this small personal letter) stand in my favour as I see mediation is not working at all (due to everything seemingly is about whats best for my ex partner) and ultimately this going to court. thanks in advance for any reply.
drewgle - 5 December 2011 @ 7:43 AM
Hi I am divorced and have 2 sons.I want to have my 2 sons stop over on 2 nights every other week, but my wife refuses as it will reduce her CSA payment.Do I have any rights at all and if so what can I do?Help
Pete - 13 November 2011 @ 9:05 AM
me and partner have been seperated for about 4months now.we have a 8month old daughter together,i am the father and my name is on the birth certificate.....she said she wont let me have her over night,am i entitled to have her over night?
crackers - 4 November 2011 @ 7:21 PM
No Father, married or divorced, has equal rights with the Mother. You gave your parental rights away when you registered your childrfen with the state. The state owns your kids and appointed the Mother as their 'care agent'. A similar question was asked on 'Question Time' last night. Every politician on the show avoided answering the question because they all know this fact. Don't take my word for it, google 'Birth certificates' etc.
oakley_ten - 4 November 2011 @ 9:24 AM
i have recently had my 6yr old son living with me since 08/08/11 agreed to my the mother and myself. She removed him from school early on 01/11/11 and has not let me see him since and won't tell me when I can see him. What are my rights and what should be my next step. We are seperated not married and my name is on the birth certificate.
d - 3 November 2011 @ 11:06 AM
I write for my self and my son who has 2 children aged 5 and 3. his name is on the birth certificates. He sees them once or twice each week or as much as his former partner will allow. They stay over each every other weekend and he supports them financially. Their mother wants to live in Australia with her new partner and child taking my grand children with her. My son does not want this to happen. How can he stop this from happening.
worried grandmother - 14 September 2011 @ 8:19 AM
I have joint resedancy with the grandparents and they will not let me see my son.do I phone the police?
k - 13 September 2011 @ 3:40 PM
I split from my partner of 17years and we have 3 kids together but were not married. His name is on the birth certificates. I was wondering what rights he has to them, my oldest is 11 born 1999 the second is 8 born 2000 the youngest is 4 born 07.
lee - 5 August 2011 @ 7:02 PM
My divorce is at the decree nisi stage .I am the respondent and the uncontested grounds where unreasonable behaviour .I have recently found out that my wife is commiting adultery and has moved her boyfriend into our former home which she now owns .She has lied in every way possible about this person to me and my children including his name where he lives etc in order I believe to protect her own and his reputation as he has a responsible job.She has also filled in a form returned to the court to say that she would not be co-habiting with anyone.My concern is that my children live with her by mutual agreement and I am not happy about the fact that I do not know anything about the boyfriend or wether he could be any form of danger to them she has also stopped my youngest child from visiting me at all as was agreed because he has told me the truth about his name which he found out by accident.I am obviously unable to take her word that he is safe after all the lies and deceit she has told me please help
CM - 29 July 2011 @ 1:58 PM
My husband split up with me last year and I left the marital home with my 3 children to move back to my home town to my family. His name was on my children's birth certificate before we got married, what parental rights does he have now we have split up? And can he stop me moving abroad ?He try's to still have control of my life by not taking kids if we fall out or if we disagree, how can I stop this? I haven't been to seek legal advice as have been trying to set up home from scratch for my children and I emotionally couldn't deal with it all. from Scotland
Jo - 21 July 2011 @ 6:55 PM
My wife of 19 years walked out of the family home 6 months ago and took my 3 children with her. I have had no contact with my children since then and all I want to know is, is this legal and what are my rights as the biological father?
Wayne - 18 July 2011 @ 5:49 PM
I have a 19 month old daughter who means the world to me and my ex partner stopped me from seeing her for the first 15 months of her life, I went to court and gained visitation rights but my ex is refusing to put my name on my daughters birth certificate, please is there anything I can do, my daughter is my world and I want to be able to be there for her whenever she needs me.
ianloveday - 11 July 2011 @ 7:23 AM
The mother of my son is moving out today and taking my son with her, she insists that by law she has the right to take him and only let me see him as she likes. I am on the birth certificate, can I legally demand equal time with my son and for him to stop over? Please I hope there's some help out there for me, my son is my world and he worships me it really isn't fair for me or him not to be able to spend as much time together as possible, thanks.
lost - 25 June 2011 @ 6:58 AM
My sons girlfriend has stopped me for seeing our granddaughter we have asked why and she said she don't like us. She is putting our son though hell what can we do? She will not let our son take her anywhere on his own she says she don't trust him. He still lives with her, it's a horrible situation to be in do I need to get legal advise?
Mick - 15 June 2011 @ 12:26 PM
My ex told me 2 days ago she has a new relationship, and has been going on for 6 months. Our 3 children live with her and I have access to them, she won't disclose any information about her new partner, he visits the house, the children have seen him but not met, the house is half mine. have I a right to know about her partner because he visits my childrens home. She won't/can't pay me my half of the equity so I can move on, I have a small flat I rent so the children can stay overnight.
lungs - 13 June 2011 @ 10:06 AM
I need to know does a father with parental rights have thr right to stop me taking my children abroad and if so is they anything I can do so I can take them.
jessie81 - 8 June 2011 @ 8:21 AM
I have twin daughters age 10 there mother has physically and emotionally abused them for a number of years. In 2009 i found an adult bite mark on one of the girls i envolved the appropriate people police social workers etc and a section 47 report was compiled i kept the girls from there mother as she was the person who inflicted the bite and she was cautioned by the police for ABH. A case conferance was only conviened once i returned the girls to her care. Since a further 2 allegations have been made by my girls when i have contact the latest being mums boyfriend hit my daughter round the head with the handle of a hammer and kicked her again i phoned and envolved all the appropriate people and a section 47 was again undertaken and the mums boyfriend cautioned by the police for ABH. I am now refusing to return the girls to ther mother and have applied for a variation to residencey, specific steps order to change there school and a prohibitive steps order. My problem is i addmitted the girls to a new school as i live 20 miles from there current school but there mother has had her solicitor send the school a letter saying she is not in agreeance with them attending the school as she has a residency order. I have PR for the girls. I know from my solicitor that i have a 90% chance of gaining residency but in the mean time i need the girls to attend school near me. They are also wishing they they do not return to there old school as they are scared of mum coming to get them as this has been attemted before.Also she has embroiled other parents in this and everyone is aware of the girls situation and they are being bullied and sent messages by children of other parents the mother has envolved. They just want me to take control and i feel this is slipping away from me. What can be done to get them in school by next week near to where i live until the residency order is heard. It is listed for the latter part of next week hopefully and i need to return to work after the school holidays end next tuesday.
I hope you can help
moto - 2 June 2011 @ 4:28 PM
What are the obstructions that are used to impose a section 91 (14)?
JJ - 29 May 2011 @ 7:30 PM
Re: my last post......The ex-partners (childs mothers) terms are for the contact to be supervised OR watched without us knowing to ensure I am not present at anytime! Hence being impractical & intrusive
Alys_1976 - 25 May 2011 @ 1:07 PM
My partner has a 6 year old daughter who he would normally see alternate weekends. His ex-partner has previously tried to place restrictions (where he takes her etc) & only have arrangements on her terms. I am his present partner, & his ex hasn't accepted our relationship & the fact I also see their daughter. She often blames me for being the instigator in any changes to contact. She is also embittered that we have a good time when together & my family have embraced the child. She has tired to contact me on numerous occasions in an aggressive manner therefore I wrote her a letter showing good intention. She continued to involove/mention me during telephone calls with my partner. I have tried to contact her by telephone to express I want nothing to do with her & she had now misconstrued this as harrassment from myself. Other things have been mentioned to mark my character. This is now being used as a reason to cease my partner's contact with his daughter unless it is absolutely on her terms & supervised. This has not been accepted yet as the reason for doing so is unsubstantiated, intrusive, impractical (we cohabit) & I have never compromised the childs welfare in any way. My partners solcitor has mentioned a contact order as the next step. He does have a solicitor but I wanted to enquire seperately with regards to who this will involve: An appearance in court by the parents only? As I am mentioned as a reason for ceasing contact, would I have to attend? I am reluctant to get my own legal representation because it will provide more ammunition & reinforce the child's mother that it is an issue between her & I, which I don't want. Also, I am in the process of changing jobs, moving home & studying! Any advice about this difficult & stressful situation. would be appreciated
Alys_1976 - 25 May 2011 @ 1:00 PM
My question is, I am english but have lived in Germany for the past 20 years. I will be coming back to the UK at the end of the year for good but have a 6 month old child. I am seperated from the childs mother and we don't get along very well. I still want to see my child and I would like my child to meet its english family. Does my child have the right to British citizenship and the right to own a British passport?
Fee - 23 May 2011 @ 11:27 AM
I've got joint custody and joint residence my ex has just got 2 bullmastiffs age approx 2/3 years old. I believe my 15 and 8 year old boys are in danger can I keep them with me till she finds suitable home for dogs.
wedda - 22 May 2011 @ 7:38 PM
My son is 18 and his girlfriend is 17 she has just given birth, we have all fully supported them throughout the pregnancy and both present during birth but since baby came out of hospital her mother has told my son he has to prove himself to be on birth certificate and various other horrible comments. Can she do this it's nothing to do with her mum, my son wants to be a full time dad and wants all responsibilities but she is taking over. We are all heartbroken.
kim dickson - 22 May 2011 @ 3:52 PM
My partner and I have split up and she is pregnant with my baby. I want our baby to have my last name but she says she won't give my last name to our baby. What are my rights?
carla - 13 May 2011 @ 2:55 AM
My husbands ex is withholding contact with his two girls (that they had while married).We were told by a friend (who is a magistrate) that her actions were illegal. What I want to know is if that is correct where in law can I find it documented.I face the first of our court sessions for contact order in a couple days time.
Cindy - 25 April 2011 @ 12:04 PM
I've been paying through the CSA for 10 years for my son who is near 13, last year I had another child with my long term girlfriend. CSA made a mistake and reduce the payments down to nil, after 2 months they changed this to 46% of the original amount. Prior to these changes I had regular access, one per week over night & extra days when on school hols and some long week ends etc- on avg twice per week. Now my ex wife has limited my access to just once per wk to get more money. My son is really upset but she still won't allow more access, I can't afford any more money and the CSA are reviewing the amount and will probably increase it further. It's so unfair and I'm unsure what to do next. Anyone been or going through similar and could advise?
Jon - 12 April 2011 @ 10:35 PM
My wife and I have been separated since 2004 and we have 14 year old daughter. We never needed legal help or advice as we had an amicable devorce! She had parental responsibility and I could see my daughter any time! The problem is that she has remarried since then and makes all the decisions about our child! She is scaring my daughter by saying that if she is not listening to her she would send her to live with me and she would not be with her step brothers any longer. So now my daughter refuses to come over! I still make an effort and see her after school but apart from giving money ( which her mother constantly asks for more and more) I don't have any other say.
Danny - 5 April 2011 @ 2:26 PM
My ex and I have a 7yr old whom I never get to see. I am not registered on her birth certificate but do have a DNA test to prove I am her father. Also the mother is saying she is dying of cancer. What rights do I have for access?
lilo - 15 March 2011 @ 11:53 PM
My ex partner and myself split before my daughther was born. My name is on the birth certificate.She has moved to a different town just 20 miles away but I have been unable to contact her since this move and have not seen my daughter, what can I do?
Lee - 15 March 2011 @ 7:45 PM
If the birth was registered in England or Wales then as your youngest was born after 1 December 2003 and you jointly registered the birth of the child you do have parental responsibility. This is not the case for your oldest. To get PR you will need to enter into a parental responsibility agreement with the mother or get a parental responsibility order, made by a court. If the birth was registered in Scotland and you were married to the mother when the child was conceived, or any time after that date you will have PR. If you were not married then you will have PR if you are named on the child's birth certificate after 4 May 2006. Hope this helps.
SeparatedDads - 15 March 2011 @ 11:45 AM
Can you help me? My partner and I have split, we have 2 kids aged 7 & 13. My name is on both birth certificates, does this mean I have parental responsibility?