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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 going to apply for parental responsibility for my two

Resolved Question:

I am going to apply for parental responsibility for my two year old son and also a contact order so we are able to have more of a relationship and one thta is not dictated by his mum entirely. How do I go about this and what is the process? Do I just send in the form to apply and if so which ones do I need to send?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Why were you not named on the birth certificate?
What contact do you currently have and what do you wish to have
Clare
Customer: replied 2 years ago.
My sons mother decided not to tell me when he was being registered so i was not registered on his birth certificate which obviously i wanted to be. I do see him once a week when she saus i can but i have to go visit him and im not allowed to take him to my own home which i share with my fiancee and other son. I would like joint custody if possible.
Thanks for your time.
Expert:  Clare replied 2 years ago.
Hi
What do you mean by joint custody (it is no longer a phrase used by the courts) ?
Clare
Customer: replied 2 years ago.
I mean contact where half the time he would be staying with me and half the time with his mum. I accept that this type of contact maybe difficult to obtain but i just want a decent amount of time with him fir both our benefits.
Expert:  Clare replied 2 years ago.
Hi
The law states that a child is entitled to regular contact with both parents - and the courts will enforce this if necessary and the Contact that you currently have is not sufficient - but seeking a 50/50 split is not realistic at this point given that his mother has been and is the principal carer to date.
Your starting point is to use Family Mediation (www.familymediationhelpline.co.uk) and ask your ex to agree to sign a Parental Responsibility Agreement
http://www.familylaw.co.uk/system/uploads/attachments/0006/9051/C_PRA1.pdf
and agree a Parenting Plan which sets out the time that you have with your child - to eventually include overnight and holiday contact.
From there as the child grows older then you may be able to move towards a more equal share of time as and when your child is old enough (over 12) to express his own views.
If your ex will not agree to either of the requests - or does not attend mediation - then you can apply to the court for a Court Order - the fee is £215 and many people now represent themselves.
More details here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb001-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
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