ADVICE NEEDED re: parental rights
09 February 2003, 09:11 AM
#1
Scooby Regular
Thread Starter
i was told this 6 months ago when i registered my son thankyou.. only relaying what i was informed of at the registration office... no need to jump on me like a lepper
[Edited by scoobyangel - 9/2/2003 9:19:10 AM]
[Edited by scoobyangel - 9/2/2003 9:19:10 AM]
01 September 2003, 07:46 PM
#2
Scooby Regular
Join Date: Jan 2003
Posts: 49
Likes: 0
Received 0 Likes
on
0 Posts
i wonder if anyone can tell me what the legal situation is in the uk concerning giving up your parental rights for a child? can you do this willingly,is it a complicated process,what steps would one need to take? etc etc,
any advice would be greatly appreciated,ive got an appointment with a solicitor but that is weeks away so in the meantime i turn to you knowledgeable lot for help,cheers!
any advice would be greatly appreciated,ive got an appointment with a solicitor but that is weeks away so in the meantime i turn to you knowledgeable lot for help,cheers!
01 September 2003, 08:04 PM
#3
Scooby Regular
Join Date: Oct 2004
Location: London
Posts: 4,797
Likes: 0
Received 0 Likes
on
0 Posts
I'm not sure that you can just "give up" your rights as they are also responsibilities. Otherwise fathers would be giving up their "right" to pay child support all over the place.
01 September 2003, 08:53 PM
#4
Guest
Posts: n/a
I do not know your personal circumstances obviously but the fact you have mentioned you are seeing a solicitor I guess it is you who is wanting to give up your rights?
Do you not think the child will want to know who its father is as it grows up?
Do you not think you actually have a responsibility to the childs upbringing as it took two to tango, so to speak?
I am intrigued by this way of thinking as a father myself who actually wants his son to live with him but cant get custody and I just do not understand any bloke who wants to give up on his own flesh and blood. Not having a go, just after discussing a different point of view to my own as my son is the most important thing in my life and I just dont understand blokes who dont want anything to do with their kids. (It normally makes me very angry when I hear of dads giving up on their kids but I am interested to know how you can do it so will keep my emotional feelings out of this)
Do you not think the child will want to know who its father is as it grows up?
Do you not think you actually have a responsibility to the childs upbringing as it took two to tango, so to speak?
I am intrigued by this way of thinking as a father myself who actually wants his son to live with him but cant get custody and I just do not understand any bloke who wants to give up on his own flesh and blood. Not having a go, just after discussing a different point of view to my own as my son is the most important thing in my life and I just dont understand blokes who dont want anything to do with their kids. (It normally makes me very angry when I hear of dads giving up on their kids but I am interested to know how you can do it so will keep my emotional feelings out of this)
01 September 2003, 09:23 PM
#5
Scooby Regular
Join Date: Jun 2002
Posts: 1,368
Likes: 0
Received 0 Likes
on
0 Posts
The only way this can happen as I understand it is if someone adopts the child. They then become its legal guardian with all of the strings attached.
You obviously have your reasons but the CSA will chase you regardless if its mother is claiming benefits.
I think you're onto a non starter with this one - Save your money, You'll need it !.
You obviously have your reasons but the CSA will chase you regardless if its mother is claiming benefits.
I think you're onto a non starter with this one - Save your money, You'll need it !.
01 September 2003, 09:55 PM
#6
Scooby Regular
Thread Starter
You only have "parental rights" if you were married to the Mother of the child when you registered its birth, if you married after the child was first registered then you would have to re-register the child after you are married (wether or not the child was given your surname origionally or no)
By "giving up" parental right, you do not lose responsibilty for the child, you will still be lible for all maintanance payments and CSA if they are involved.
Parental rights gives you the oppourtunity to be involved in the decisions which affect the childs life i.e what school it will attend etc and i believe it would be of influance should anything happen to the carer of the child should a custody battle happen tho i am not 100% sure on this.
By "giving up" parental right, you do not lose responsibilty for the child, you will still be lible for all maintanance payments and CSA if they are involved.
Parental rights gives you the oppourtunity to be involved in the decisions which affect the childs life i.e what school it will attend etc and i believe it would be of influance should anything happen to the carer of the child should a custody battle happen tho i am not 100% sure on this.
Trending Topics
02 September 2003, 08:44 AM
#8
Guest
Posts: n/a
Scoobyangel sorry but that is complete rubbish. I wasn't married when my son was born, we later got married, then later divorced and I still have parental rights thanks very much. Never had to reregister my sons birth at all. Don't know where you got that info form but its totally wrong.
02 September 2003, 09:43 AM
#9
Scooby Regular
Thread Starter
The 1989 Act replaced the traditional approach to parents’ ‘rights’ with a new concept of ‘parental responsibility’, which it defines as 'all the rights, duties, powers and responsibilities and authority which by law a parent of a child has in relation to the child and his property'. The Act still falls short, however, of putting married and unmarried fathers on a completely equal footing.
Under section 2 of the Act married fathers and all mothers automatically have parental responsibility for their children. Section 4 introduces a new procedure for an unmarried father to acquire parental responsibility by making an agreement with the mother, which must be properly witnessed and registered with the court. In cases where the parents are unable to reach agreement, the father may apply to the court for a parental responsibility order. The majority of such applications are successful. Case law has suggested that the court will consider the degree of commitment which the father has shown towards the children, the degree of attachment between father and child and the reasons for the father applying for the order. (Re H (Illegitimate Children: Father: Parental Rights) (No 2) [1991] 1 FLR 214 extensively followed since)
A parental responsibility order or agreement can be brought to an end by a court order on the application of any person with parental responsibility or, with the leave of the court, on the application of the child. There is no provision for the revocation of parental responsibility when it has been acquired automatically by the child’s mother or her husband, but the court can in effect impose restrictions on the exercise of parental responsibility by limiting or prohibiting contact or through other provisions in a prohibited steps order.
http://www.lcd.gov.uk/consult/general/patfr.htm
just found that too
Under section 2 of the Act married fathers and all mothers automatically have parental responsibility for their children. Section 4 introduces a new procedure for an unmarried father to acquire parental responsibility by making an agreement with the mother, which must be properly witnessed and registered with the court. In cases where the parents are unable to reach agreement, the father may apply to the court for a parental responsibility order. The majority of such applications are successful. Case law has suggested that the court will consider the degree of commitment which the father has shown towards the children, the degree of attachment between father and child and the reasons for the father applying for the order. (Re H (Illegitimate Children: Father: Parental Rights) (No 2) [1991] 1 FLR 214 extensively followed since)
A parental responsibility order or agreement can be brought to an end by a court order on the application of any person with parental responsibility or, with the leave of the court, on the application of the child. There is no provision for the revocation of parental responsibility when it has been acquired automatically by the child’s mother or her husband, but the court can in effect impose restrictions on the exercise of parental responsibility by limiting or prohibiting contact or through other provisions in a prohibited steps order.
http://www.lcd.gov.uk/consult/general/patfr.htm
just found that too
02 September 2003, 10:41 AM
#10
Scooby Regular
Join Date: Nov 2002
Posts: 4,856
Likes: 0
Received 0 Likes
on
0 Posts
i have a friend who wasn't married when she had her children her fella then left her she was worried about him turning up at the school to take the kids but the school told her as they weren't married at the time of birth the father had no right to come take the children ......so guys if you want any right to your child you should not have one unless married......
this of course doesnt mean you don't have to pay for it.
this of course doesnt mean you don't have to pay for it.
Thread
Thread Starter
Forum
Replies
Last Post
robbie1988
Wanted
2
13 September 2015 09:25 AM
Scooby-Doo 2
Wheels And Tyres For Sale
1
09 September 2015 06:51 PM