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.
If you're uncertain about your legal position as an unmarried father, you can quickly clarify things using our free Rights Checker.
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.

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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.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
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.
This article, explains about the specific process you'd go through to get a contact order put in place.
I was just message by my son about changing his name back to his birth name and he ask me if I had give permission to his mum to change it in the first place which I have not what can I do about this ?
I am the father and currently the main full time carer for my daughter whilst my partner works. She has been told to quit her job and sign on benefits by her family so then she can be the full time carer and i will have less chance of custody. My girls nursery and doctors is just at the top of the street and this is her home, this is where she lives. However there is nothing stopping my partner finding a place, taking my daughter, putting her in a new school closer to her new address, signing onto the benefits so she will be full time carer and ultimately taking my daughter away from me before any of this can be mediated. And once it reaches court she already has everything she needs for custody in place. I will no longer be her full time carer, I will be in work to support this house, this would not be her home, her school and doctors would be somewhere else and basically I feel I wouldnt have a leg to stand on. Is there anything I can do right now to protect myself from this happening? I'd hate for my girls life to be uprooted so suddenly and I'd hate to lose her.
Long story short, 15 years ago, my brother had a brief fling with a girl for a couple of months, which ended soon after and he didn’t see her again. The woman went back to her husband and two children. 14 years ago, the woman turned up on my brothers doorstep with an 8 month old baby saying the baby was his. It appeared she had left her husband again and so came looking for my brother. He did what he could, started a relationship for the sake of his son. Four months later, the day before his sons birthday, she disappeared. When he tried to contact her, she called the police and got harassment warning. We approached her mum who advised us to pretend the boy didn’t exist as her daughter was a vile horrible human being and would use the child to rip my brothers world apart. The woman disappeared, but before she did, she sent my brother a scan of twins saying they were His and he would never see them. We have spent 13 years trying to find her. We didn’t know enough about her. She seemed to disappear off the face of the earth. Until now. She has contacted me through Facebook (don’t know how as I have different name now as married and we have no mutual friends other than my brother) saying she has spent years trying to get in touch to no avail...and wants to speak about the three kids. I excitedly tried to email back, but her account is blocked so I can’t. I’ve therefore stalked her account a bit and friend a friend and her older daughter (21) both who have have contacted. No response. I know her and from what I know, she is playing a sick game. What I have found is my nephews Facebook, but he is only fifteen. Does anyone have any ideas about what we can do? All we know (from Facebook) is the city she now lives in. I’m at my wits end. And desperate for us to see our son/nephew/grandson. Any ideas???
I am currently filling for a divorce as my husband and I have been separated for 2years and I found out that he was cheating on me and his mistress is expecting a child from him.
Our 2year old son has my surname and as my husband knew I was planning to move to the USA he wants to change our son's surname to his own one. He said it will be difficult to me to travel if my son has his name while when I was pregnant he agreed that I can choose the name.
He was not involved in the pregnancy. I was alone in the UK till today and he lives in France with his mum. I am the only one caring for my son and he comes here rarely and sometimes I go to france so thay my son can see his dad.
Please can you tell me if he can change the name of the child without my consent?
I always wanted to move to the USA , can I still do it without his consent?
I'm filing the divorce on the ground of 2years separation because I know he will be angry if Im using the adultery but I have all the proof. He wants me to stay in the UK or in Europe so that he can visit the child but he does it rarely and most of the time I spend my money to visit him. I want to progress in my career and move where I will be happy without fighting with him.
I have always allowed contact although at times during his drink and drug benders I have refused contact for a few weeks. anyway at xmas the children aged 14,12 and 11 came home and broke down crying and told me and my new partner he had forced them to get in a car whilst extremely drunk and having no license to bring them home. he has been taking them on the railway tracks where he tried to commit suicide a few years ago and pretending to get his laces stuck so the children have to run on and free him. He has been stealing from shops whilst they are with him and using them as a detour. and keeping them in the pub all night amongst a lot lot more emotional things.
The children told m and my partner they hate him and never want to see him again and due to the danger he is putting them in they have not been since. this has prompted him to harass me and turn up to our home. I involved police and the schools and now I have a ex parte non mol and prohibited steps order.
My concern is that the courts may force me to send the children to see im one he's too much of a danger and two they are refusing to ever see him again. I do not even want him being allowed supervised contact I want no contact ever again. will it be likely that he gets supervised or unsupervised. what happens at the hearing we have in two weeks. im so scared he is going to hurt them
My partner seperated from his wife nearly 2 years ago. She had a seperation deed drawn up which stated she would receive all proceeds when the house sold but she would continue to make all mortgage payments. We have just found out she has defaulted on 6 mortgage payments in the past 12 nths although the house has now sold.
This has really affected his credit rating which is preventing us buying a house. He wishes he had never signed it but felt he had to at the time.
Is there anything he can do?
At the moment we are in the middle of a break up, as I can't fully commit to a women who promised me and planned a life together. Yet I don't want to leave my son and be a dad who leaves his child as I don't want to be like my dad, and I won't. I have no intention of making a new start of family. NEVER EVER WOUKD I DO THAT TO MY SON. I know what it's like to have bothers and sisters all around the place. It's not fare on him to do so.
Am on the birth certificate as I
Thanks
I split with my partner of 5 year in may 2014
we have 2 young children age 3 and 4 I arranged a third party so he could see the children when arranged this being wed and Fridays he collects the children at 8 30 am and takes 1 to school then takes the other at midday , he collects at 3 o'clock and brings back at 6 pm , he is very abusive and manipulative
Every night he phones and starts an argument with me , every week end is spent ignoring multiple phone calls or listing to all amounts of abuse.where i say it might be best to go via a contact center
He then gos weeks with out turning up for the kids , then says hes talking me to court as i stop him seeing the kids
i have a police order P I N to stop him from contacting me but every time he phones me he claims he will report me to social services with bogus claims if i contact the police and he has nothing to loose by getting arrested
he has already had social services at my door by claiming i stabbed him ,i did nothing of the sort and the police took him away from my door with no marks on him.
i did try my solicitor but they wont even talk to me unless i pay 90 quid
i do not work as i am a full time mum but surly there is some thing i can do.
His ex fiancée still loves him, but now is in a new relationship. The father has weekend access, and now the ex-fiancée has now stopped access because he said some things about his own daughter. He said this because he got annoyed because she didn't leave him alone. This has now ended with the father not being allowed seeing his daughter because he said some things about his daughter that the daughters mother did not like.
What I am trying to say is isn't it up to the child to see their father no matter what age they are, and whatever situation the mother and father's situation is.
When people first split up it can be fraught with teething problems until both parties, and of course the children, adjust to their new lifestyles. Decisions and comments can be knee-jerk when both parties might not be thinking straight as they are infused with hurt. I suggest you try logically explaining your reasons, but also give him leeway where requested, as it sounds like he wants to remain a consistent and good father. Sharing the parenting of your children will always have to be about give and take.
It seems like you and your ex have the rationality to be able to sort through it sensibly and if you can sit down and talk it through together, all the better. There might be a bit of trial and error for a few months, but hopefully if you both keep your head, you wont need that lawyer.
I hope that helps.
I was wondering what rights, if any, i have to remain the father with perental responsibility. I really couldnt live if they took my daughter from me. Any response would be greatly apreciated.
Surely my little one shouldn't have to deal with this stress on a weekly basis - she gets incredibly upset tells everyone daddy hates mummy and her excema flares up. Am I doing the right thing? Thinking that court is the only way to go to let a judge decide and so that he needs to stick to the arrangement put forward by court. I'm at my wits end here. You leave an abusive relationship to protect yourself and your child only for you both to continue being victims of the abuse. Advice? Anyone?
What do i have to do to claim soul parental rights for Ethan?
will i have to pay for the youngest child?
what rights have i got with the house?
I broke up with the mother of my child the day before she told me she was pregnant. I lost contact with her and as a 19 year old acted stupidly and dug my head in the sand!! 12 years later and regretting it for leaving it too bloody long I need to see him and try to make amends. Any clues on where to start
I separated with my partner some time ago and we have a 9 year old daughter. My partner was cheating with a work colleague of hers and that led to our break up even thought she was denying the whole thing. Right now they look like to be publicly dating with the very same guy whom she denied cheating with. Now after a visit my daughter does not want to go back to her mothers, she cries so much saying she wants to live with me and tells that to her mother too. Her mother acusses me of telling her stories which l don't, she does her things with this man infront of my daughter and l suppose she does not like it.
As a father what are my rights or what can l do because I think the whole situation is a torture to my daughter. Can someone help me on what steps to take. I pay CSA every month and hve my daughter every other week with me.
Thank you.
My ex let me have full visiting rights from the start ie every weekend.We had an agreed arrangement for monthly payments... She then decided that's was not good deal £400 a month for my two girls and demanded more, I refused then she cut all contact and visits for just over a month...I have since had them both and my oldest girl wants to live with me full time and doesn't want to go home.. Could someone please tell me if I would be breaking the law if I didn't take them back to my ex when I have them next because it's ripping my girls apart not wanting to return home they are 9yrs and 6yrs
Looking for recommendations of cost effective family lawyers in London who are fearlessly determined on behalf of their clients.
Any guidance gratefully received.
Many thanks
In my early twenties I messed up.
I have two ex partners. Each one with one daughter.
One I see regularly. One I never see. I'm not allowed.
I'm not on either of their birth certificates.
Do I still have to pay for them? Especially as the one I don't see assumes the man living in he house is her dad. He is on the birth certificate.
But DNA tests prove I'm the father of both.
I'm especially frustrated I'm paying money to these mums who will spend it on themselves when I'm on a low income and trying to support my new family.
Thanks in advance.
Thank you in advance.
My ex wife is trying to move away with my 4 children (11, 9, 7 and 6). We have been seperated for 3 years and up till this point we have amicably agreed a 50% custody agreement. She is now threatening to move up north with them because "it's cheaper to live on benefits". I work hard full time (shifts) but still make the 50% agreement work. The move is defintely not in their best interests and I need to know what steps to take.....
Please help
Matt
my daughters 5 and i have her every friday, saturday and sunday and have done since she was born.
most weekends she comes to mine saying her and her mum dont get on, she ignores her and doesnt interact with her. iv heard of horrible situations where my daughter has to "go fetch a roll up" before shes allowed to do something she wants. also she always says she wants to live with me. but basically the way things are as a father i dont stand a chance. mothers have the rights they have the custody etc. every time i bring these situations up to her mother i get told to keep out of her business or she wont allow me to have my daughter every weekend...
My ex wife and I have been separated 2 years.
I have been with my new partner 6 months.
Just recently I was called into work on the days that I have agreed to have my daughter, as I didn't want to go the whole week without seeing my daughter my partner agreed to look after her while I was on shift. ( I should add we live together)
My ex wife found out about this and has threatened court action if this happens again. Her words 'nobody else is to have Our daughter alone other than you'
Is there any legal route she can go down to stop my partner spending time with my daughter?
And more importantly is there any legal documentation I can show to prove my ex wife shouldn't interfere unless she has reason to believe her daughter is in danger.
It appears to be a classic case of jealousy on her part.
Many thanks
The courts should always be the last resort as courts are a lengthy, timely and costly practice but too often there is no other choice. The important thing to remember is to try to keep consistent in the child's life - don't give the mother a chance to be able to say 'he doesn't care, he hasn't attempted...' ect. This may be via telephonecalls for e.g.
Please do continue posting and speaking.
Insite of my refusal to give permission for my e to take my children out of the country she applied to court and left BEFORE receiving judgement.
In BOTH cases there was NOTHING that I could do!
Don't tell me that court orders are worth anything! THEY ARENT!
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
I hope you can help
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