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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34275
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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My husband signed our daughters birth certificate knowing full

Customer Question

My husband signed our daughters birth certificate knowing full well he was not the father, he loves her to bits and insists to everyone he is her dad, she loves him to bits to, and he his the only dad she's ever known, 3 years later he has left for another woman , he still insists on being our daughters dad and has her over his house every fortnight, he has threatened to kill me if I stop access,, now the csa have been intouch with him, he refuses to pay and told the csa he is not the father and dosent have to pay, yet he still insists on being her dad , I need advice on this please,
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Have you started divorce proceedings yet?
Clare
Customer: replied 3 years ago.
Yes we have since divorced
Customer: replied 3 years ago.
Yes we have divorced
Expert:  Clare replied 3 years ago.
Hi
How far have the financial negotiations reached?
Clare
Customer: replied 3 years ago.
We have none wasn't discussed
Customer: replied 3 years ago.
Our divorce was just a clean break
Expert:  Clare replied 3 years ago.
HI
Was there actually a clan break order sealed by the court or did you not bother with a Financial Order at all?
Clare
Customer: replied 3 years ago.
Clean break by court and we didn't bother
Expert:  Clare replied 3 years ago.
Hi
I am sorry.
Was a Clean Break financial order sent to the court and sealed - or did you just process the divorce and not do anything else
This is of some importance
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
We had a clean break through the court it's what we both decided
Customer: replied 3 years ago.
It says status finished I've not had an answer yet ?
Customer: replied 3 years ago.
We had a clean break we didn't discuss any financial things or access ,, the access was done verbally , he still insists on that and he still insists on being her dad
Expert:  Clare replied 3 years ago.
HI
My apologies - an error on this side - so there was a clean break order dismissing all future claims - a separate sheet of paper sealed by the court.
What is the current pattern of contact?
Clare
Customer: replied 3 years ago.
He has our daughter over his house once a fortnight for the weekend, and on special occasions ie christmas , birthdays
Expert:  Clare replied 3 years ago.
Hi
Does that work for you and your daughter (do not worry there is a way around the maintenance problem)
Clare
Customer: replied 3 years ago.
Yes it works fine she looks forward to going she loves her dad
Expert:  Clare replied 3 years ago.
Hi
You have two options with regard to the maintenance.
The starting point is that he will need to pay for a DNA test to avoid the CSA.
If he does do that you can use the report to remove his name from the birth certificate and remove his Parental Responsibility - which he cannot recover as he is not a parent
At the same time you can apply to the court either using the original divorce proceedings and re-opening the financial matters to apply for child maintenance for the child or using the Children Act.
Either way he is liable to pay maintenance for the child as his step child.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.
Thankyou thankyou
Customer: replied 3 years ago.
Hi I cannot rate your sevice as they want to charge me again to rate you , but your service was excellent thankyou , I think I rated it by accident earlier on before we had finished
Expert:  Clare replied 3 years ago.
Hi
You did so need to do anything else thank you
Clare