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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 920
Experience:  LLB (Hons)
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I want to make an agreement between my x and me over

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Hi I want to make an agreement between my x and me over visitation for our daughter who is not my biological daughter but I have been her dad since before birth and my name is ***** ***** birth certificate. How do I go about this
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No but we had a dna test and her mum changed her surname by deed poll
Assistant: 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: Liverpool
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hi, I'm Lea and I have reviewed your query.

 

What is it that you need help with?

Customer: replied 8 days ago.
Hi what can I do
Customer: replied 8 days ago.
I cannot afford 44 pound I am on esa

We can continue online.

 

How old is the child?

 

Was the mother always aware the child was not biologically yours? When was the DNA done? Did the mother change the child's surname from yours to another name?

Customer: replied 8 days ago.
She is nearly 8 I found out when she was 5 her mum always suspected but didnt know for sure. And yes from mine to hers. She has agreed to let me have legal visitation but I need to know how
Customer: replied 8 days ago.
Dna was done when my daughter was 5

You have an established relationship with the child, and being named on her birth certificate means you have parental responsibility - the same as her mother has. The mother would have to apply to the court to have your PR terminated on the basis of the DNA results if she did not want you to share PR anymore. However, given that she did not do so three years ago when she discovered that you were not the biological father, it is not definite the court would grant this order.

 

In any case, whether you have PR or whether it is terminated - you have an established 8 year relationship with this child who sees you as her daddy, and therefore the court will do what it can to promote and maintain that in the best interests of the child. Barring any safeguarding issues.

 

Firstly, the best route would clearly be to try to come to some agreement with the mother, however if she chooses not to agree, or is too restrictive on what she allows, you do have recourse to the courts.

 

You are obliged by law to try formal mediation to see if that will resolve matters, but if mother won't engage, then you needto attend what is known as a MIAM (mediation information assessment meeting) to get your form signed by a mediator so you can apply to court for an order instead. There are some exemptions from attending a MIAM – the form provides more information on whether you meet that criteria or not.

 

The form you need is called a C100, which you can find here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/734888/C100_eng_0818.pdf

 

The form needs to be a) signed by the mediator, b) filled in by you, (you are asking for a child arrangements order) andthen c) copied three times (with a fourth copy which you will keep for your own records). You must then take orsend the original plus 3 copies to the family court closest to where the child lives.

 

You can find the right court here: https://www.gov.uk/find-court-tribunal

 

The fee for filing is £215, but you may be entitled to fee remission if youare on a low income or benefits, see here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/634329/ex160-eng.pdf

 

Does that help?

Customer: replied 8 days ago.
The deed poll that was filed in July 2017 states that all my parental rights have been removed and she has sole rights but I still see my daughter every weekend and during holidays but I wanted it to be legally binding so she cannot change her mind when she gets upset and she has agreed to that I just need to know how

Deed polls are not capable of removing parental responsibility - only a court can do that.

 

If you want a legally binding order for contact, follow the process I described above. Unless your PR has been terminated by a court, you still have it, so can apply to the court without seeking the court's permission first.

 

Please accept and rate positively using the five stars at the top of your page as that is how I am paid for assisting you today. You will still be able to ask clarification questions.

SASH_Law and other Law Specialists are ready to help you
Customer: replied 8 days ago.
Thank you very much you have put my mind at ease

You're very welcome.