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Hi, thank you for your question. How old is your child and what arrangements are currently in place for the both of you to live/spend time with your child? Also, is the father named on the birth certificate?
How often does the father see him and is he named on the birth certificate?
Thanks for confirming. Firstly, as he is named on the birth certificate he also has parental responsibility for your child and must be consulted regarding any major decisions in relation to the child's upbringing such as schools, health issues and travel abroad.
If he is not seeking to destabilise the arrangements, a court will not accept an application to apply for a child arrangement order (for residence) and the first step you must take is to attempt to reach an agreement by mediation, you can find local ones here: familymediationcouncil.org.uk. The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation ends in an agreement, the agreement can be submitted to court in the form of a consent order for court approval. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Thanks - in order to have the arrangement reflected in a court order, and therefore make it enforceable, you would need to follow the steps outlined above. You should also be aware, that in all cases the court will consider whether there is a need for there to be a formal order regarding the arrangements for the child and whether it will benefit the child.