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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33807
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 was in a same sex female relationship and have now separated.

Resolved Question:

I was in a same sex female relationship and have now separated. During the relationship my 'partner' had a child by IVF and we looked after the child, acting jointly as parents. We were not in a civil relationship, I am not named on the child's birth certificate and at no stage have I been recognised as a 'legal parent'. However, some months after the separation I went to Court and was awarded 'parental responsibility'.
My ex-partner has now gained an award for support via the CMS who are now seeking to enforce the award. Whilst I have PR, I am not and never have been a 'legal parent', have never wished to be a legal parent and regard myself as outside the jurisdiction of the CMS (as they can only proceed against a 'parent').
Have I strong grounds for taking this case to a legal tribunal? Please advise . . .
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.
Thank you for your questionMy name is ***** ***** I shall do my best to help you.You are correct - the CMS has no Jurisdiction if you are not either named on the Birth Certificate or you are biological the parent.That being the case you can write to the CMS and point this out.However please be aware that your ex can then apply to the court for financial support - which will be grantedI hope that this is of assistance - please ask if you need further details
Customer: replied 10 months ago.
Thank you for this response Clare. I have explained the situation to CMS and they have rejected my appeal under 'mandatory reconsideration'. Can you explain on what basis an application (by my ex) to Court for financial support would be granted if I can provide clear evidence that I am not a 'legal parent'? Is it not the case that the instrument for obtaining financial support is the CMS anyway?
Expert:  Clare replied 10 months ago.
Take the complaint higher - and ALWAYS in writing.The CMS has no rights in the matter.However where the CMS cannot assist the Courts are available - and it is not a matter of biology or both certificates - it is about whether or not the child is a "child of the family" as this child clearly is
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33807
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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