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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 10314
Experience:  Dual qualified Solicitor and Attorney
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Me and my child's father are not together. and he is

Customer Question

Hello, me and my child's father are not together. I am Polish and he is Portuguese. Our son is Polish - he was born in Poland and his father was not with us at the time. At the moment, we all live in the United Kingdom because I attend university in here, but I would like to go back to Poland next year. Father has no parental rights and he is not on our son's birth certificate. He would like to have his name on his birth certificate now, but he does not want to make it difficult for me and he wants to resign from his parental rights. Is it possible to put his name on our son's birth certificate without him claiming his rights? Or is it possible for him to resign from his rights without any court proceedings?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No, I have not taken any steps yet
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Aberystwyth, Ceredigion
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 13 days ago.
Category: Family Law
Expert:  Jeremy Aldermartin replied 13 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 13 days ago.

I am sorry to say but the father does have parental rights whether he is on the birth certificate or not as long as you accept he is the father. Furthermore, if he is on the birth certificate that is definitive proof he has parental rights. He cannot give up his parental rights and short of his child being adopted the court generally cannot take his rights away either. I trust this assists

Customer: replied 13 days ago.
What is the process for limiting his rights then?
Expert:  Jeremy Aldermartin replied 13 days ago.

You cannot limit his rights. You could for example put in place a court order that says your child lives with you but that would only apply in the UK. So if you move to Poland you would need a new order and it is always open to him to go to court and ask for his child to live with him. I trust this assists

Customer: replied 13 days ago.
okay, so to establish exactly what lays in his right about the child (especially that we are going to stay in two different countries) we should have the case in Poland?
Expert:  Jeremy Aldermartin replied 13 days ago.

Yes if that is where you will be living in the future and long term. I trust this assists

Customer: replied 13 days ago.
what if we go to consulate? is there anything we can do from there?
Expert:  Jeremy Aldermartin replied 13 days ago.

It would not help, they cannot issue a Polish court judgement. I trust this assists