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Do You Know Your Rights as a Father?

By: Emma Jones - Updated: 1 Dec 2021 | comments*Discuss
 
Rights Father Child Ex Child Support

Having never planned to be in this position before, you are probably unsure of exactly what your rights as a father are. You want to do your best as a father but what are your legal responsibilities? Here are some questions that you may ask to find out exactly where you stand.

Do You Have Parental Responsibility for Your Kids?

If you were married to your partner when your child was born, you have automatic Parental Responsibility. If you are not married and your child was born after 1st December 2003 and your name is on the birth certificate, you automatically have parental responsibility. If you are the biological father, you can still file for parental responsibility which gives you legal rights and responsibilities for your child.

Can You Make Decisions Concerning Their Upbringing?

With parental responsibility you have the right to be involved in all major decisions in your child life. This can be anything that significantly affects their upbringing such as education, medical treatment or religion. (For more information, see our article Making Joint Decisions About Your Child's Future on this site.)

Who Decides on Everyday Things?

Everyday decisions are left up to the parent who has residence of the children. Generally, the mother is given residence unless you or the courts decide differently. This means that she does not have to consult you about any day-to-day decisions.

Do You Have to Pay Child Support?

As a parent you are legally bound to Pay Child Support. The amount that you pay is worked out by the Child Support Agency (CSA) and will depend on a number of things including how much you earn and how you have split custody.

What Visitation Rights do You Have?

You may decide to organise your visitation independently with your ex, and this is fine as long as you are both happy with the arrangement. If not, you will need to apply for a contact order and be assessed to determine what visitation you are given.

Can Your Ex Take Your Children Out of the Country?

If your ex has residence of your children, she can take them out of the country for up to one month without your permission. If she wants to take them for longer or move abroad permanently, she will need your consent. If you have serious concerns about her taking them out of the country, then you can apply for an order to stop it.

When Does Parental Responsibility End?

Your parental responsibility and child support continues until your child leaves school or further education, which can be as young as 16 or finish when they are 19 and at university.

Finding out about your rights and responsibilities as a father is important so that you know what you are entitled to and what you need to do. If you can keep relations civil and handle the details with your ex then this can be better but, if not, you will have to go through the legal system to clarify things. Your ex has no right to stop you seeing your children and with a little bit of compromise and willingness you can both come to an agreement that is best for your children.

Making Things Easier

When you first split up it's easy for battles to ensue and for the children to take the brunt of it, even though this is never your intention. One way to make things easier is to draw up some kind of agreement at the outset - see our sample separation agreement.

Check out the Separated Dads Forum... It's a great resource where you can ask for advice on topics including Child Access, Maintenance, CAFCASS, Fathers Rights, Court, Behaviour or simply to have a chat with other dads.

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Hi guys 6 years ago I split with my ex partner got married and know I got 3 step children and the 4 is my we are happy family but I got one more daughter with an other women my ex haven’t been married together but we have lived together for 8 years, when I left she didn’t care but when she have find out that I am dating with someone she didn’t like it after a time she stopped me by seen my daughter i haven’t seen my daughter for 3 years No I only see her in school where I work as a teaching assistant but I don’t see her that much as I do 1:1 with 6 year old autism child . I miss my daughter a lot I want her to know my family and spend time together , when I see my daughter in school I have that feeling that she does want to be with me with her daddy but she is scared of her mum I don’t know what step to take to have the right with out her mum bothering me, so I can see my daughter her mum is very aggressive person never smile and smoke cigarette like a man
Rduda - 1-Dec-21 @ 12:14 AM
We can do a line off coke I bang you in the toilet block for old times just like the old daysim in e zone at the track .
Chris - 2-Nov-21 @ 12:41 AM
Sam you probably should off had a child to Gordon or jacbo or one offthe other guys you sleeping with .I see these guys on fb now in photos with there children .in my (personal opinion) they are weak men .anyway have good life I might see you in( Melbourne im at the races today )come up and say hi if you don't feel to awkward.
C laurie - 1-Nov-21 @ 8:00 PM
I will (NEVER) have another child that's the (gods truth) .I have one 18 year old daughter maybe never got the( dna test done ). As I said below I haven't had contact in 13 years so in( reality i dont have any children ). and definitely won't be getting another women im a single men and that's the way I want to live my life and couldn't be happier. I dont care if I lose my rights because I was( NEVER)use my rights anyway gods truth .I dont care if the mothers partner adopted this child I would off signed the consent form . Put my right hand on the bible when I say this I have no interest in been a parent .the day they left was the happiness day off my life I was free last it was like a burden was lifed off my shoulders.
Chris - 1-Nov-21 @ 7:42 PM
I'm in a situation I thought I wouldn't be in, I have 2 sons, my relationship with my ex with regards to my eldest son is perfect and my ex and her partner are very supportive and my son is happy. I was dating a woman earlier this year and she fell pregnant. We split up as it didn't work out as 2 different people. 4 months in she messages me and tells me the new, to my shock. Life changing, I'm going to be a dad again. I asked to go to the scan, she said no. I asked to be at the birth, she said no. I asked to name our son, she said no. I asked to double barrell our surname, she said no. I asked to register together, she said no and did it by herself. I asked to re register for my name on the birth certificate, she said no. She is so aggressive and angry towards me and say I stress her out and any excuse. She said she has been accommodating towards me because she let me see my son for 2 hours at her mum house. I'm really at a lost with her, she make comment like next kid she has it will be a sperm donor like I'm an inconvenience to her. She also will not let my son meet his brother because apparently that spoil it for her as this is her first, she discredit my 6 year old son like his scum as she treat me. She stopped access because she say caleb isn't sleeping well for 2 weeks now. I feel this whole situation has me very depressed, I don't have crazy money for court battle.
Mattjl - 1-Nov-21 @ 4:28 PM
I'm in a situation I thought I wouldn't be in, I have 2 sons, my relationship with my ex with regards to my eldest son is perfect and my ex and her partner are very supportive and my son is happy. I was dating a woman earlier this year and she fell pregnant. We split up as it didn't work out as 2 different people. 4 months in she messages me and tells me the new, to my shock. Life changing, I'm going to be a dad again. I asked to go to the scan, she said no. I asked to be at the birth, she said no. I asked to name our son, she said no. I asked to double barrell our surname, she said no. I asked to register together, she said no and did it by herself. I asked to re register for my name on the birth certificate, she said no. She is so aggressive and angry towards me and say I stress her out and any excuse. She said she has been accommodating towards me because she let me see my son for 2 hours at her mum house. I'm really at a lost with her, she make comment like next kid she has it will be a sperm donor like I'm an inconvenience to her. She also will not let my son meet his brother because apparently that spoil it for her as this is her first, she discredit my 6 year old son like his scum as she treat me. She stopped access because she say caleb isn't sleeping well for 2 weeks now. I feel this whole situation has me very depressed, I don't have crazy money for court battle.
Mattjl - 1-Nov-21 @ 4:25 PM
My ex is a heavy drinker, she has told me I can only see my son twice a week. I'm concerned for her wellbeing as well as my sons. I need advice ASAP.
Jay - 5-Jul-21 @ 7:29 PM
Sam I would never call social services on you or go though court for full custody though my eyes you did me favour I got to live the life I always wanted because I didnt have to support or care for this child in question. Your smart women you new deep down I had zero time for this child even when she was a baby .to behonest this sounds bad but I couldn't care less if you where living with a Notorious pedophile or violent offender. Thats your life and you have right to be with anyone you want .like when I heard your daughter was raped gods truth I felt zero emotions. (You are right I was the wrong father all along it should have been Gordonin reality )oh well we make mistakes. Take care and all the best .this is my last post .see you in next life
C laurie - 22-May-21 @ 10:12 PM
Sam I see you will keep posting post away. (I have lost interest in this game now) .in reality thanks for not wanting child support and thanks for taking the burden off raising the child in question as we all know( I was never cut out for parenthood) .goodbye see ya in the next one .
C laurie - 22-May-21 @ 9:28 PM
Hi I have just read quite a few of the stories on here but for the life of Mei cannot see any replies to anything, which begs the question, is this a help forum like I thought it might be or just somewhere to sound off, I came here in search of an answer ?
Devlin - 22-May-21 @ 6:49 PM
Hi I'm a father of 4 children, me and my ex wife are under social services, she has coped ok looking after the children but her new partner is a violent ex-con that's a alcoholic drug user and is a drug dealer. I'm about to take her to court for full custody and I've found a large carrier bag full of amphetamines in her house, which she is storing for her new partner. I have reported it to the social and police but I feel because I'm a man the courts will still rule in her favour. Am I worring to much or should I have more faith in the court system? I'm so worried for my children's safety.
Jamesm84 - 14-Apr-21 @ 12:29 AM
Since I split up with my ex-wife (now divorced) my daughter has lived with the ex, but my daughter over the last few years has hated it partly due to the ex’s drinking and partly to her not seeing her friends out of school. From jan my daughter had had enough and walked out (she’s now 15) and is living with me, her mum wants to she her but my daughter hates her and does not want to even speak to her, her mum is now threateningly escalating this, is there any way she can force my daughter to see her as she really does not want to Help please
Garrycov - 9-Apr-21 @ 12:16 AM
I was ment to have my son Bank Holiday Monday and had planned a lovely day. My ex Facebooked my mother saying she had plans so he wouldn't be coming. My name is on the birth certificate. Is she allowed to do this the day before I have him?
Burlo - 5-Apr-21 @ 6:48 AM
My ex is trying to stop my new partner being present when I get my son each weekend, can she deny me access if I refuse. I've been with my new partner for over 18 months now and my son gets on fine with her.
Stuart bishop - 4-Apr-21 @ 12:58 AM
Hi.. just recently Iv found myself unable to see my daughter! COVID 19 is a factory and used in the stoppage of seeing her.. I received a text only a week ago that stated that my ex wife and my daughter had decided that I’m to no longer see her anymore?? My reasoning for my daughter saying what she did is how you would say childish as she is 13 years old.. But to have my ex wife agree and send me a text was another!! Iv always had contact with my daughter Iv always put her before anything or anyone for that matter as you can imagine I’m devastated It’s now 26th feb Iv now not seen her since her bday at the very beginning of January that’s a long time for anyone.. What can I do?
Tsjm1979 - 26-Feb-21 @ 11:32 AM
I think I will take out a civil case out on the mother for parental fraud and sue her for my emotional damage. Its so wrong what this women did to me i want compensation for this has trauma .
C laurie - 16-Feb-21 @ 5:14 PM
So if she wants play dirty and hit me child support. After the dna test is done and I prove I was born sterile I will have her charged for falsely putting my name on the birth certificate and sue her for the emotionally damage she has caused me when I honestly thought I was a father .I think i will get $50 000 out off her .for my emotional damage .
C laurie - 16-Feb-21 @ 3:18 PM
I have a (Ace in my back pocket) I was born sterile . So if this women ever trys to getchild support she won't get a cent .I dont want to know her address or have any numbers. And if she has new baby and husband good for her .and I definitely won't be goingto court for her address or to see her daughter .i will only go to court if she trys to getchild support that way I can show the magistrate the medical proof that I was born sterile and get a dna test done .I might be able to get her charged then for falsely putting my name on the birth certificate knowing full well I wasn't the bio father .
C laurie - 16-Feb-21 @ 1:45 PM
Hi my daughter goes with her dad every other weekend for the weekend he refuses to have her any more then that even though she would love to see him more! I moved from my last two address as he was violent and used to get keys cut and creep in my house so police was called but he I never pressed charges. There was one major adult incident police was called but I didn’t press charges I just lived on.. years down the line I have a new baby new partner and all of a sudden his demanding to know where we live saying it’s his right as a dad to know. He won’t see his daughter any more then he needs to I drop and pick her up to keep my address private as he is volatile and can’t be trusted to know.. now his taking me to court to find out my address, is this possible will they actually tell him? He has a phone he can call any time for my daughter or he can message mine to speak with her. Thanks in advance
Terriann - 16-Feb-21 @ 10:59 AM
I have my 2 boys every weekend, saterday at 10am and take them back sunday at 5pm and the mouther is saying that's not anouth and by law it should be 50/50 contact. I work Monday to Friday 7am till 5pm if not latter. she is saying I have to have them Friday at 10am and take them back sunday at 5pm what should I do..??
bob85 - 8-Feb-21 @ 9:42 PM
My first born daughter was born 2014, my name is on her birth certificate, she has my last name though the mother I were not married. 2015 there was a court hearing, the mother confirmed I was the biological father, child support was granted for me to pay. Supervised visits every other week, letter a month were court ordered. It's 2021, I haven't seen my daughter physically since 2016. I have to beg and plead for one picture, the last photo I received, 2020, her birthday. I'm going to court process now.
Wolf - 6-Feb-21 @ 8:36 PM
After having an arguement with my partners ex that she started and made me have an anxiety attack, has now decided that if i go in the car to get the daughter with him. (We do this because she starts arguements with him) that she will stop access if I'm in the car. She gave him a final warning today. Its absolutely disgusting that a 3 year old is being used in this way. Can she stop access because I'm in the car? Would the courts accept that as a reason to even go to court?! Honestly been the most hellish 18months of my life and its now causing issues with me and my partner.
mo94 - 1-Jan-21 @ 7:04 PM
I know what my rights as a father are in reality (not what is written in law): close to zero is the answer! It is all at the discretion and in the gift of the mother and how reasonable and humane she chooses to be. I am in an abusive relationship with someone with a history of mental health, self harm and hospitalisation. This was hidden from me until 3 years after marriage. My wife is highly vindictive, controlling, abusive and bullying which I can now see is learned behaviour from how her mother treats her father. I am 100% certain that if I leave, my wife will use our young child as a weapon. I will never be allowed to see our child and my wife will try to cause as much devastation to me as possible. In her mind, that is how she 'wins' if anyone ever crosses her. It does not matter that she or others might also suffer as a consequence; what matters is only the destruction of the opposition. My wife is obviously happy to launch nuclear weapons and has no consideration for the consequences; the problem with her nuclear war tactics (mentally and emotionally speaking) is that nuclear fallout lasts for a hundred years and I am not sure I can ever get past it. My wife is hateful and cruel many times a day, and I can see she takes pleasure at some level in the acts at the time, although there might be regret at some level later (which she will absolve internally by inflicting more hurt to make herself feel better, in control and like the 'winner' again). She tells me 'if the house is better', 'if the garden is nicer', 'if we go on more holidays', 'if we have a better car', then things will be better. Her family are of the same opinion. My view is that the lack of more, bigger, better things are not the answer, but a symptom of the problem. The choice I have is simple: - Stick around and be the emotional punchbag instead of our very young child; or, - Leave and never see my child again. I love my child more than anything and would die for them. I feel tremendous responsibility towards them for putting them in this position and can't leave a small child to deal with this alone. Her family have admitted that my wife has a history of using those closest to her as her emotional punchbag. My wife says I am the reason for all her problems and why she is unhappy. I know if I leave, this will just fall to our 2 year old child. I have been to ongoing counselling to survive this situation. I have tried to suggest couples therapy several times, but it is met with an angry "we don't need counselling; you need counselling! You're the one with the problem! If you don't like it, pack your bags and leave!". Her family (led by her mother and her sister, who also shows the same emotionally broken and harmful behaviours) have demonstrated with previous family members that anyone who 'crosses' another family member at the end of a relationship will 'pay the price' and be metaphorically attacked (even if that relationship split w
LondonGuy - 8-Dec-20 @ 10:45 AM
Hi, Me and my ex partner split up almost exactly 10 years today. We were not married but were living at my house. She left and took both of my children with her. I’ve had weekend access and 1 evening a week as I was in full time employment ever since. My daughter who is now 18 has been living with me for almost 2 years now since her mother dropped her at my doorstep. And since April, due to COVID I have been left unemployed and shielding at the height of the pandemic. Now my son who is almost 12 has been staying with me for the last 2 months wants to reside with me permanently also and is refusing to go back to his mother until COVID is over as he doesn’t feel safe at her address. Yesterday his mother turned up on my doorstep yet again and refused to leave without our son with her, still he refuses to leave with her, and she threatened me with calling the police and child services. I’d like to know what I can or should do in order to prevent this from happening again and what rights I have to keep my son here where he feels safest? Thanks in advance.
TheRig - 5-Dec-20 @ 9:16 AM
Hi, Me and my ex partner split up almost exactly 10 years today. We were not married but were living at my house. She left and took both of my children with her. I’ve had weekend access and 1 evening a week as I was in full time employment ever since. My daughter who is now 18 has been living with me for almost 2 years now since her mother dropped her at my doorstep. And since April, due to COVID I have been left unemployed and shielding at the height of the pandemic. Now my son who is almost 12 has been staying with me for the last 2 months wants to reside with me permanently also and is refusing to go back to his mother until COVID is over as he doesn’t feel safe at her address. Yesterday his mother turned up on my doorstep yet again and refused to leave without our son with her, still he refuses to leave with her, and she threatened me with calling the police and child services. I’d like to know what I can or should do in order to prevent this from happening again and what rights I have to keep my son here where he feels safest? Thanks in advance.
TheRig - 4-Dec-20 @ 1:14 PM
So it been 8 years since mu daughter dad lefted we broke up. Arrangements was made and he never shown up hasent payed a penny towards her and he knows where we live and nothing. My daughter on her second birthday called my partner daddy we explain then but she said no my daddy and that was it she is now 9 her dad ex message and explain everything she doesn't wanna no and said my daddy is living with me he looked after me she understands that her last name is different and has asked for her name to be changed when legally allowed to to my partner name. Her dad who is basically a Sperm donor has a new girlfriend and wants to show he a good dad told her I have stopped him from seeing her and said he's done everything to see her which he has not we still live in same place as we did 9 years ago. If this was token to court where do me and my partner and my daughter stand as she has shown she doesn't wanna no him and said her daddy is the man who was there when I needed him. This maybe a sore subject for many people sorry in advance
Chip surry - 28-Nov-20 @ 2:27 PM
Hello,my partners ex has cut down his time at Christmas with his son. From a week to 2 days. They have text messages with the original agreement. What can we do to make sure we get to see him?
Kirst - 19-Nov-20 @ 5:14 PM
What steps can I take to get monthly progress reporton my son who iscurrently in nursery? I try to work things out with the mother, because both of ushave parential responsibilities, but she is ignoring the cause .So up on contacting the nursery, I was told by the manager that they were instructed by mom not to giveme any progress reports only newsletters.
Napo - 21-Oct-20 @ 9:58 PM
Confused.what I said in my post below is not a cop out .I made the right decision everyone. Because if I did go to court for rights .I would of ended up in jail because the mother and myself do not get on and that's putting it nicely. I would of ended up bashing her mother and seriously hurting her literally. You can judge me i dont care .atleast I am been honest .and this is the reason I never went for rights .because I would be in jail and her daughter would of ended up hating me for hurting her mother .so I think I made the right decision 100 percent.
Christopher - 28-Sep-20 @ 12:29 AM
Confused.i would leave you only have one life .life is to short for been miserable but yourself first because no one eles will do it for you .i had to make a serous life decision about 12 years ago .weatheri went to court for rights to my daughter i choose not to and just moved on with my life .it was in all honesty the hardest decision of my life .but I sat down quietly myself and weighed everything up thought about how things would be if I went to court and how it would impact my daughters life been shuffled between two houses the arguments I would have had with the childs mother .but I honestly think I made the right decision bye not going for rights .because in my situation it never would have worked not with a guy like myself I just don't have the personality requirements that is needed for a co parenting deal .but I am sure she would have turned out fine .
Christopher - 28-Sep-20 @ 12:04 AM
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