A Mothers rights concerning her baby

[schrodingers cat]

hi

can any one point me to information relative to the law concerning a mothers rights when she is no longer in a relationship with the father and the father is trying to get access but is not worthy of the title father ie he was there at conception but has done nothing else,he is violent and a drug user and it seems he is only following this route as a means of revenge to get back at the mother for not putting up with his behaviour.what are his rights ? can she negate any of these rights due to his behaviour and inability to look after a new born baby tho i understand that he will not have access till she is six months old

S.C

[gizmo111]

Has he applied to a court for contact/access?

[schrodingers cat]

he has sent a solicitors letter saying he wants parenta responsibility but thats it so far,just the usual solicitors letter threats

S.C

[Millennia]

I have been in a similar boat. A lot depends on whether you were married? his name on birth certificate? when he last has contact etc etc..

 

If you were married and or his name is on the birth certificate then he has joint responsibility and there is very little you can do re: reasonable access. As for his behaviour, that too would depend on how bad, I think the court only restrict a fathers contact if its so extreme in that you have been regulalry severely beaten, raped etc..

 

See a solicitor experienced in family law.

[schrodingers cat]

hi

I`m speaking on someone`s behalf,she`s a bit messed up at the mo,her baby is just three weeks old so i`m helping out.she`s not married and his name is not going on the birth certificate,he`s got nothing for the chilld and is so interested that he hasn`t even bothered finding out if its a boy or a girl he`s just assuming she`s a girl cos of the scan as for the violence its been the occasional hitting but mainly its breaking of furniture and on one occasion throwing it through a window,he`s unpredicable and immature and not upto the responsibility ande i`d imagine is being motivated by his mother who on one occasion said "when you`ve had the baby i`m going to get your head kicked in" (nice people eh)

S.C

[breeze1996]

This may see backwards, but if she never in tends to put his name on the Birth Certificate, doesn't want to use the CSA and will claim no money off him, why not just ignor him.

Never put anything in writting to agree the baby is his, keep writting to the Solicitor to request silly info and she can cost the ex lots of money, as the first letter is free or cost very little it's afterwards it will cost him to contact her.

Also if he is violent get a court order against him to stop him coming to her house.

[Lula]

in fact, i would log everything that comes from him or his faily from conception onwards, in case she needs to refer to it later

[jackieandwayne]

What are your friends circumstances , ie is she well settled in her area, or would she have no problem moving to another part of the country? I ask because if she is really afraid, and approaches her local authority they will offer her advice about how to flee violence.

 

It will go something like this: You have the right to approach any Local Authority in the country and ask them to protect you from violence. This is all to do with the Homeless Persons Acts. They will carry out an investigation into whether what you are saying is true, and they then have the responsibility for your housing. You will be in temporary accommodation or a hostel whilst they investigate, and depending where you go, you may have a lengthy wait for a home. However, you will be safe. But please do check this properly with the LA as its several years since I did homelessness work and the laws change so quickly. I'm basically right though!

 

If you wanted to stand your ground you can apply tomorrow for an injunction against this person, and anyone who has threatened you with violence. You should ask for it to have power of arrest added to it - this means the police can arrest and detain and put the perp before the court within 24 hours should they breach the injunction. This can be done immediately and ex-parte which means without the other party having knowledge of it beforehand. The documents will be served on these people, however, of course they have the right to a defence, so there would have to be a hearing within 7 days to determine their side of the story. You would have to attend, and you might find that hard to do. I hope this has been reported to the police, because they are the best evidence. Likewise injuries that have been reported to the GP. This is the course of action I would take - however, I am not the one holding a three week old baby and terrified. I understand we all have different priorities and you have your daughter to put first.

 

Finally, even if its just for advice, ring your local cop shop and ask to speak to their Domestic Violence Co-ordinator. Every cop shop should have one. They will listen sympathetically and give you advice and I hope confidence to do what you feel is right for you in your situation. Don't forget, and the police will tell you this too, and the LA, the Womens Refuges. There is a National Helpline Number, you will find assistance wherever you live, they can arrange to remove you to a place of safety and then help you negotiatie with the LA there, or you can simply take advice and support from their outreach staff.

 

I guess you've already weighed up the pro's and cons of having this person in your life simply because he's the biological father. That's something only you can decide. But how anyone could ever knock you for wanting to stay safe and protect your child I don't know! Good luck, remember, if we don't wish to have animal's in our lives we don't have to!

[schrodingers cat]

hi

thanx folks i`ll send them to her tomorrow and get back with a reply it amazes me that someone who is no more than a sperm donor has any rights at all a father to me is the person who loves the child and provides for it nothing to do with the sperm that fertilises the egg its a privelidge not a right and its something that should be earned

thanx again

S.C

[gizmo111]

hi

can any one point me to information relative to the law concerning a mothers rights when she is no longer in a relationship with the father and the father is trying to get access but is not worthy of the title father ie he was there at conception but has done nothing else,he is violent and a drug user and it seems he is only following this route as a means of revenge to get back at the mother for not putting up with his behaviour.what are his rights ? can she negate any of these rights due to his behaviour and inability to look after a new born baby tho i understand that he will not have access till she is six months old

S.C

 

Has she taken any action against the father re the violence?

How do youi know his only motive to see his child is revenge?

Where do you get the 6 month idea from?

 

 

hi

thanx folks i`ll send them to her tomorrow and get back with a reply it amazes me that someone who is no more than a sperm donor has any rights at all a father to me is the person who loves the child and provides for it nothing to do with the sperm that fertilises the egg its a privelidge not a right and its something that should be earned

thanx again

S.C

 

If he is the father, and goes down the route of proving it then he will have many rights.

You say sperm donor.......was this a formal arrangement?

 

There are many routes your friend can take to protect herself, however if this man is persistent that he wants to be part of the childs life then it is more than 80% likely that a court will order some form of contact, particularly as there is an extended family interest that may be seen as a form of support, following a CAFCASS assessment. I would get your friend to write a chronology and seek a free half hour consultation with a family law solicitor to be clear on her options.

It is very rare that this type of proceedings will give either side the result they want 100%, so both need to be prepared to compromise from the off.

[389shell]

Firstly, she needs to get down in writing everything that he has ever done that she think / knows was threatening, no matter how silly, next she needs to keep a diary of times and dates that he threatens her and each time report it to the police (she can also report past events). This could work in her favour if the access problem goes to court.

 

Now if he is as bad as you say, then really I would put his initial demands in the bin and let him start court action, if he really is serious then we will soon see won't we? As Gizmo says, there is NO DOUBT that the court will order access, but if she has reported him for violence, her best bet here is that it is done in a supervised contact centre. I am sorry to say that even fathers that have sexually abused their children still have orders granted for access!?!

 

I wish your friend the very best of luck, this is the last thing that she needs right now.

[schrodingers cat]

hi

i`ve got a busy day in work today but i haven`t finished the subject so bear with me please and thanx for all your help i`ll be back tomorrow with more info and much clicking of scales

S.C

[schrodingers cat]

hi

i`ll deal with these as i got them and hope your still there

first gizmo`s questions

Nope she didn`t take action for his violence i guess she hoped it would change but it didn`t and then they split up so she didn`t realise she still could,she has lots of texts from his phone threatening violence but somehow i cant see them carrying any weight

Its only assumption that his motive is revenge and as they say assumption makes an enemy of exactitude so i should not really have gone there really its anyone`s guess what his motives are i was just basing my assumption on the complete lack of contact,enemies they may well be but surely if it was you and someone was having your child,you know the approx date of birth and where she lived you`d of been phoneing every day or knocking at her door or at least trying to find out something by some means,not just wait three weeks and do the solicitors letter it says to me the child is not what he`s interested in

the sperm donor comment was sarcasm meaning he done the deed,she concieved and he`s done nothing or got her nothing since,he`s offered but it never went any further,she was buying a pram,he asked is there anything you want,she says yes i neeed you to pay half`s on the pram,he says i`m not giving you any f*****g money,thats how he is so you see why the sperm donor comment,thats all he`s done

the he cant have the baby for six months is what she thinks,isn`t it correct ?

now for 398 shells post

personally i`d go the way you suggest,let him go to court and fight for it,at least if he`s not serious it`ll encourage him to give up and if he is everyone will know the type of person he is and he`ll get access accordingly tho i really dont think cos one of your sperms happened to fertilise one of her eggs you should have any rights at all,maybe to one cell but thats where it ends ( i feel the need to point out at this point i`m not some we dont need fellas to reproduce female i am a fella and if he`d of done the right thing i`d be on his side ) the baby was grown in her body,she`s done all the stuff needed to bring it into the world,whats he done to deserve anything ? the law as mr bumble once said is an ass

Anyway i`ve got a friend who is a social worker dealing with kids and he`s going to give me some info tomorrow so we`ll be a bit more knowledgeable on the subject and i`ll leave what i learn when i`ve seen him in the meantime thanks for your help one and all

S.C

[gizmo111]

A social workers opinion will be useful, but they will be dealing with public law and this case most certainly will be private. Social services would only step in (assuming there are no other concerns), if a court made a supervision order for them to organise contact, this however would be likely to be vigourously contested by social services due to lack of resources and the fact the child does not meet the criteria for a service.

 

There is no reason why he would be denied contact for the first six months, it is however likely that it would be ordered to be supervised at a contact centre.

 

The child is very young and if the father persists with the application he will be granted contact which will affect your friends life for a very long time.

You will see fro mthe followign that there are sanctions for breaching a contact order, however this in reality refers to the Parent With Care, not producing the child for contact,not the absent parent not turning up.

 

The application he will be making will be under s2-4 of theChildren Act 1989

 

How can parental responsibility be acquired?

The unmarried father can acquire it by:

 

1. obtaining a parental responsibility order (PRO) [s.4(1)(a)]; in such an application the court will regard the child’s welfare as its paramount consideration, but it is not obliged to take the items on the welfare checklist into account

2. means of a formal parental responsibility agreement with the mother [s.4(1)(b)]

3. being granted a residence order [s.12(1)], in which case the court will also make a PRO in favour of the father. On any application for a residence order the court will regard the child’s welfare as its paramount consideration and, if the application is contested, is required to take the items on the welfare checklist into account

4. being appointed a guardian [s.5]

5. marrying the mother at anytime (even after the birth of the child).

Anyone can acquire it by:

 

1. being granted a residence order [s.12(2)]

2. being appointed a guardian [s.5]

3. having an emergency protection order made in their favour – although it is limited to taking reasonable steps to safeguard or promote the welfare of the child [s.44(4)© and 44(5)]

4. having an adoption order made in their favour.

The local authority can acquire it by having a care order in force with respect to the child [s.33(3)].

 

 

And the contact order will be s8 Children Act 1989

 

Who can apply to court?

There are two categories of applicant: those who can apply as of right and those who require the leave of the court.

 

As of right

 

Includes:

 

any parent or guardian

any person who has a residence order in relation to the child

any party to a marriage in relation to whom the child is a child of the family

any person with whom the child has lived for a period of at least three years [s.10(4) and (5)].

 

The child’s welfare is the court’s paramount consideration [s.1(1)]. There is a presumption of no order unless the court considers that to make an order would be better for the child [s.1(5)].

 

The welfare checklist applies (if application is opposed) [s.1(4)].

 

A Section 8 order can be applied for either separately or as part of other proceedings.

 

The court is empowered to make a contact order in any family proceedings, but no court can make a contact order that is to have effect beyond the child’s sixteenth birthday unless it is satisfied that the circumstances of the case are exceptional [s.9(6)]. Even if the court does not make a contact order, under s.1 Children and Adoption Act 2006, an order for ‘contact activity directions’ can be made. This allows the court to direct a party to the case to undertake activities promoting contact with the child; for example, programmes, classes, counselling or guidance which may assist with establishing, maintaining or improving contact with the child.

 

Breach of the order

If any party to a court order breaches the order (i.e. fails to comply with any part of it), then the matter can be referred back to the court for its consideration and, potentially, enforcement action. The nature of any enforcement will vary depending on the type of order in breach and the circumstances of the case, although the court will have a wide range of options, including varying the terms of the order, fines or –exceptionally – even imprisonment for the party in breach of the order. Failing to comply with a judgement or order of a court is a contempt of court, and even where the contempt is of civil proceedings (i.e. family law), the offence is a criminal one. The Children and Adoption Act 2006, s.4 enables the court to make an ‘enforcement order’, imposing an unpaid work requirement on a person who has breached a contact order. The court must be satisfied ‘beyond reasonable doubt’ that the person was in breach of the contact order, and may ask a CAFCASS officer to provide information prior to the making of the order, and to supervise or arrange for supervision of the person’s compliance with an order.