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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34119
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am not the childs biological father and am not with his mother.

Customer Question

I am not the childs biological father and am not with his mother. We were together for several years from the childs age of approx. 1 year until 4 to 5 years old. He is now 11 years old and has been staying with me 1 weeknight and every other weekend since the split with his mother. Can I obtain parental responsibility, and or a contact agreement to maintain the current status?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I shall do my best to assist you but need some further information first.
Has the mother threatened to stop the contact at all, and is the biological father named on the birth certificate?
Claire
Customer: replied 4 years ago.


Hi there, The mother has threatened to stop contact several times over the years, mostly when I have done something to annoy her, but over time she has reduced the amount I see him, It used to be two weeknights then two weeknights when it was her weekend, 1 when my weekend, and now it is only 1 weeknight.


I'm almost certain the biological father isn't on the certificate. I know he has no parental responsibility and has had no contact at all since she left him when the child was approx. 6 months old.

Expert:  Clare replied 4 years ago.
Hi
Despite the lack of a biological link your existing close relationship with the child means that the court would certainly give you permission to apply for a defined contact order to ensure that your contact with the child continues and can be enforced if there are problems.
However he only way that you could obtain a form of Parental Responsibility would be to apply for a Shared Residence Order and it is less certain that this would be granted.
You should try and discuss matters with your ex using Family Mediation (www.familymediationhelpline.co.uk) but if that fails you will have to apply to the court for an Order.
You will need to apply for permission to apply as well as applying for the Order itself.
The forms you need are a C2 hers
http://www.childrenneedfamilies.co.uk/court-forms/c2_01_05.pdf
and a C100 here
http://www.thecustodyminefield.com/CourtForms/C100.pdf
you can get help and support from Families need Fathers (www.fnf.org.uk)
Claire
Customer: replied 4 years ago.


Thanks for that, I am not so bothered about the P.R more about the contact.


What does a defined contact order entail? does it specify when he is with each of us? days of the week etc?


Are the forms you detail for the P.R and shared residency or for the defined contact?


 

Expert:  Clare replied 4 years ago.
Hi
A defined contact order sets out exactly what time the child will spend with you
The forms are multi purpose!
Claire

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