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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1837
Experience:  Dual qualified Solicitor and Attorney
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I have a 2 month old son and his father does want to be

Customer Question

Hi I have a 2 month old son and his father does want to be invloved however his name isnt on the birthcertifcate purely because I dont trust him
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: He wants to do a dna test and take me to court. Will i be forced to put his name on tje certificate?
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: I live in England
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Not that i can think of thank you
Submitted: 9 days ago.
Category: Law
Customer: replied 9 days ago.
Its his family i dont trust as well. They have done certain things that may sound stupid when i say them but when you put it into perspective its quite serious really. He left him in a wheelbarrow at about 6 weeks old he hadnt had his jabs and it was just to take photos with pumkins. He took him outside to see fireworks and when he started crying he didnt bring him in he decided to leave his ear defenders from work right by him which obviously didnt work. Hes made accusations about me not agreeing to the dna test which i did agree to i have the screenshots. I dont know what else he has done or lied about. He might seem nice but isnt very logical and has a habit of lying. He turned up an hour early to pick him up and we werent in so i had missed calls then he got annoyed when he needed a feed and a bum change! He wants to take me to court which im happy to do i just want an understanding of how it all works
Expert:  Jeremy Aldermartin replied 9 days ago.
Hi thank you for your message, in essence he can take you to court to get a court order for a dna year to prove he is the father. By the sounds of it you recognise he is the father with this in mind you may consider if you want to go to court because in court you cannot lie so you will end up saying he is the father anyway. Once he has been acknowledged as the father through a formal document or in court he can apply for the birth certificate to be changed to add him. Hi thank you for your message, provided you can prove she agreed to be in the film and it would be distributed in advance your best course of action would be to bring a money claim, you will need to have evidence to back up your sales projection so it is realistic and not speculative. That said with this in mind you can make a claim through Moneyclaim online although you will be limited to claiming £100,000 through this method it is cheaper and quicker than going through the traditional paper court forms. To do this, you will need to send this party a letter before action requesting she pay the estimated lost income through her actions of £100,000 within 30 days or you will bring legal action.
You will need to register at http://www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site.
You would claim the sum for the loss, the court issue fee (details of fees are here at page 5: http://www.gov.uk/make-court-claim-for-money/court-fees) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.
If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.
I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Expert:  Jeremy Aldermartin replied 9 days ago.
Please ignore the part about the film and moneyclaim that was pasted accidentally. The advice above that is for you. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 9 days ago.
So i can be forced to have his name on the certificate?
Expert:  Jeremy Aldermartin replied 9 days ago.
In effect yes, by the court. That said, if you have concerns about contact and so on you can limit that and insure it is supervised also via a court order or mediation. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 9 days ago.
But what if i dont feel comfortable with him seeing him at all?
Expert:  Jeremy Aldermartin replied 9 days ago.
You can argue against this but it is very unlikely that a court would order no contact unless the father has physically assaulted him or put him in such serious danger that he is likely to die in his fathers care even when supervised by professionals. Your best option is to argue for very limited contact say once a month, at the children centre with professional supervision so he is never left alone. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 9 days ago.
Can i get the father done for harassment if he brings other members of the family into it after i said not to message anyone on my sidw?
Customer: replied 9 days ago.
Side
Expert:  Jeremy Aldermartin replied 9 days ago.

Hi thank you for your message, that may be a possibility yes. You would need to contact the police about this but in essence you would need to show he has caused you alarm or distress, particularly if he has been threatening towards you. hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.