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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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Would a non biological mother from a same sex relationship

Resolved Question:

Hi there,
would a non biological mother from a same sex relationship have legal grounds to pursue a right for access, either through a parental responsibility order or a contact order if the child's birth certificate was signed by the biological mother as a double barreled surname?
The non biological mother has lived with the child for 3 years, the relationship broke down, she continued for the next year to pay £250 to the biological mother monthly as way of maintenance and maintained agreed contact every week with out fail.
Recently, for no good reason the biological mother has said she is stopping contact due to not being able to accept the relationship has ended, nothing to do with the child or the non biological mothers care.
Thankyou for your time and advice in advance.
Submitted: 9 months ago.
Category: Family Law
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

was this a case where both names went on the birth certificate as parents?

Customer: replied 9 months ago.
Thankyou.
Unfortunately not, only the birth mother was on the birth cert but she signed to give the child their joint surname as a double barreled surname
Customer: replied 9 months ago.
are you there?
Expert:  Clare replied 9 months ago.

What contact have you been having since separation?

Customer: replied 9 months ago.
Ive written in the first part that weekly contact has been maintained for 12 months after separation, the non biological mother will pick him up on a friday, have him over night then drop him back 4pm on the saturaday
Expert:  Clare replied 9 months ago.

Excellent so it was overnight contact - that was what I needed to know.

I am sorry for the delays - we are all working lawyers and accordingly not always available online immediately

Despite the lack of paperwork you are a parent to the child and have been a significant person in his life.

It is clearly in his best interests for that close bond to be maintained.

The starting point is for you to try and discuss matters with your ex using Family Mediation

www.familymediationcouncil.org.uk

If that fails then you can apply to the court for a Child Arrangement Order using a form C100

You will need to ask for permission to apply - but there is no doubt that it will be granted.

I hope that this is of assistance - please ask if you need further details

Customer: replied 9 months ago.
sorry for being impatient its taking over our lives at the minute and all the time this little boy is being affected, we just want to find out if we can go back to the mother with a clear legal way of going forwards, we have asked the mother to join mediation, between herself and the non biological mother but she completely ignores the request? is there anything else we have to go on?
Expert:  Clare replied 9 months ago.

The starting point is for the non biological mother to attend a Mediation Information and Assessment meeting and then go forward with the Court application

Clare and other Family Law Specialists are ready to help you
Customer: replied 9 months ago.
Thats great thankyou for your help