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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6288
Experience:  BA (Hons), PgDip, Practising Solicitor
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i have 2 children and just split with my girlfriend wat are

Resolved Question:

i have 2 children and just split with my girlfriend wat are my rights for seeing them
Submitted: 4 years ago.
Category: UK Family Law
Expert:  Thomas replied 4 years ago.

Hi,

 

I take it that you are the father and your girlfriend is the mother, please clarify if this is correct.

 

Are you named as being the father on the birth certificates of the children?

 

Kind regards,

 


Tom

Customer: replied 4 years ago.
yes this is correct i am serving in the british army my name is XXXXX XXXXX birth certificate she is saying i will have to take her to court to see them and i want to know wat my rights are and wat i likely to get as wont be able to go for full custody as i in the army but want them as much as possible
Expert:  Thomas replied 4 years ago.

Hi,

 

People are encouraged to enter in to mediation in order to resolves disputes about contact before making an application to Court. If your wife is not willing to enter in to mediation then you will have no other option other than an application.

 

It would be a s8 Children Act 1989 application for a contact order. There is an overidding principle in the these matters that the welfare of the child is the primary concern and this usually means that child should have contact with the non-resident parent unless there is evidence that it would be to the detriment of the child's welfare because of the absent parent's previous behaviour.

 

You would probably need a solicitor to prepare the application for you and act on your behalf during the process. If disputed these applications can be quite expensive and would cost £1,000.00 as a minimum.

 

Information on mediation can be found here:-

http://www.direct.gov.uk/en/Parents/FamilyIssuesAndTheLaw/DG_10029776

and here:-

http://www.resolution.org.uk/

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 


Tom

Customer: replied 4 years ago.
so wat rights do i have as the father
Expert:  Thomas replied 4 years ago.

Obviously, you have the right to apply for a contact order as above to secure your contact with the child.

 

In addition you have parental responsibility for the child which means you have all the rights,duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child. This means you have a right to have an active role in the upbringing of your child, including decision making about all aspects of their upbringing. If you cannot agree on decisions with the child's mother then you can enforce these by making applications under the Children Act 1989 for a specific issue order (ie. on a particular decision) or a prohibited steps order (to stop the mother from doing something in relation to the child.

 

You have a right to be included in the important decisions relating to the child - health, education etc.

 

Note you will be bound to pay the CSA minimum for child maintenance to the mother if she has residence of the child. Info here:-

http://www.csa.gov.uk/

 

 

Kind regards,

 

Tom

Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6288
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Family Law Specialists are ready to help you

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