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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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i have two children from a 15 year relationship, ages 11 and

Customer Question

i have two children from a 15 year relationship, ages 11 and 3 yrs. we were never married and have been seperated 10 months. He is inconsistent in his behaviour towards me and is at times verbally abusive. He lives in a one bedroom, damp flat where he and the children all sleep in one bed. I am trying to organise a routine of visits for the kids outside of the alternate visits they make but he is incapable of being civil. Am i in my rights to stop him seeing the children until he stops his verbal abuse and makes proper sleeping arrangments for the children. i was told my son was sleeping on a sofa bed but i now hear that was not true. i believe it is a basic requirement that a child be given a space to sleep in and that each parent must behave in a civil manner whatever their feelings about one another are?
Submitted: 8 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 8 years ago.
No you're not. If you believe the arrangments are not appropriate or there is verbal abuse occuring then you need to file a petition in your local family court to have an order addressing what access dad should have as well as stopping any abusive exposure to the children. You can obtain the petition from the family court clerk office.
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Customer: replied 8 years ago.
Ok, how long does this normally take? would his refusal to provide the children with a bed and space of their own be seen as an issue? does he have the same rights even though we were never married?
Expert:  Daniel Solutions replied 8 years ago.
You can file an Order To Show Cause along with your Petition and see a judge in most cases the same day you go to court for a temporary order. The judge would probably see the sleeping in the same bed as a problem and require him to make other sleeping arrangements. Yes he has the same right as if you were married because they are parental rights not marriage rights.
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Customer: replied 8 years ago.
ok, but is there not something about signing a parental resposibility form? my son was born in 1997 so I understood he had no parental responsibilty with him but that the law changed by the time my daughter was born in 2005? please define parental responsibility outside of access to doctors records , school etc.
Expert:  Daniel Solutions replied 8 years ago.
Commencing December 2003,unmarried fathers acquire Parental Responsibility if they are present to register as the child's father at the Registry Office and their name is XXXXX XXXXX the child's birth certificate. However, the law is not retrospective and for all unmarried fathers whose name is XXXXX XXXXX their child's birth certificate and whose child was born before 1st December 2003 or 4th May 2006 it is still necessary to sign a Parental Responsibility Agreement with the mother or to apply for a court order for Parental Responsibility. Does this answer that portion of your question?

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