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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34131
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 currently trying to apply parental responsibility

Customer Question

I am currently trying to apply for a parental responsibility order for my daughter as my ex partner did not put me on the birth certificate and is no longer allowing access. Are there any other routes I can take as it has been 2 months since I sent off for the order and have little movement.
Many Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information first.Have you spoken to the court about the delay?
Customer: replied 1 year ago.
Hi Clare,Thank you for coming back to me. At the moment I am being told that my claim (forms) are being put through with very little information given about the delay.
Expert:  Clare replied 1 year ago.
Which form did you use?
Customer: replied 1 year ago.
I was advised to send off a C1 along with a FM1. The courts have confirmed they are the correct forms, but nothing seems to be moving forward.
Expert:  Clare replied 1 year ago.
Hi
Did you not also wish to apply for a Child Arrangement Order so that you could see her?
Did you try mediation?
Customer: replied 1 year ago.
As I am not on the birth certificate I was advised that they were the only orders I could apply for because of this. The parental rights order and the mediation. Neither of which have been progressed. So I am a little lost at my rights and where to go from here as I have had no access for nearly 4 months.
Expert:  Clare replied 1 year ago.
May I ask who told you that?
Customer: replied 1 year ago.
Several people who have gone through similar situations and a local solicitor, I cannot recall their name as I have tried to get advise from a few. Is there other orders I can apply for then?
Expert:  Clare replied 1 year ago.
Hi
The fact that you were not named on the birth certificate dis not and does not mean that you cannot apply for a Child Arrangement Order using a form C100
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
Had you made both applications together you need only have paid one fee - as it is you shoudl file this applictaion as soon as possible (the fee is £215)
Such applications are usually listed within about four weeks - so the sooner you apply the sooner the matter will be resolved
Please ask if you need further details
Clare
Customer: replied 1 year ago.
So I can apply for this along side the orders I have already applied for, even though I am not listed on the birth certificate. It is a shame that I was not told this at the time I was applying for the parental order.thank you very much for your help with this.
Customer: replied 1 year ago.
I have looked online for the forms and it states that ‘child’s father and was married to the mother when the child was born’ qualifies for parental right and you are in need of parental right to apply for this order. So I am a little confused if I can still proceed as I was not married to the mother at any time.
Expert:  Clare replied 1 year ago.
I am aware of the specifics - but in fact you have reason to believe you are the father and that is sufficient

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