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FabDad
Joined: 13 Jul 2009
Posts: 3
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 Posted: Tue Jul 28, 2009 12:28 pm Post subject: Fathers rights |
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I would like to know what my rights are regarding my five year old daugther who is a British citizen living in Spain. I am the father and never married her mother. I have informal access by arrangement with her mother but would like full custody and my daughter back in England. My daughter was born October 15th, 2003 which is before the new unmarried father law came into effect. My name is on the birth certificate.
Many thanks. |
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Miss Understood
Joined: 05 Jul 2009
Posts: 3301
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| Posted: Tue Jul 28, 2009 12:51 pm Post subject: |
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| Probably none, tbh. Get some legal advice. A lot of solicitors do free drop-in sessions of up to one hour, usually 30 mins. usually enough to decide whether it's worth pursuing. |
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drizzle1066
Joined: 21 Apr 2008
Posts: 56
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| Posted: Mon Aug 10, 2009 10:05 pm Post subject: advice |
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you will not be able to do much here, assuming she is a Spanish citizen. I am hoping your name is on the birth certificate it will the application easier
I would relocate to Spain and apply for a formal access arrangement there, The UK law is biased in favour of the woman, so consider applying in Spain you will probably get 50.50 but be prepared for the long haul but don.'t leave it too long as you are just making your case worse.
good luck I have been there |
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tweetie_boid
Joined: 07 Aug 2009
Posts: 126
Location: SA - Western Cape
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| Posted: Tue Aug 11, 2009 9:41 am Post subject: Re: Fathers rights |
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| FabDad wrote: | I would like to know what my rights are regarding my five year old daugther who is a British citizen living in Spain. I am the father and never married her mother. I have informal access by arrangement with her mother but would like full custody and my daughter back in England. My daughter was born October 15th, 2003 which is before the new unmarried father law came into effect. My name is on the birth certificate.
Many thanks. |
I'm not too au fait with British or Spanish laws but I read somewhere that even if an unmarried father is listed on the child's birth certificate and paternity is established, it doesn't mean that he has any custody rights.
When seeking custody, a father must show that he's committed to having a relationship with his child by being involved and participating in raising the child. The court considers who the child's primary caretaker is and what's in the best interests of the child
I've tried to Google for any articles that might assist in your concerns, and managed to find something which may (or may not) help you at http://www.international-divorce.com/ca-unitedkingdom.htm
When a child's parents are married, they both have parental responsibility. When the father is not married to the mother, he does not have parental responsibility simply by being the father, but he may acquire it either by court order or by formal agreement with the mother (parental responsibility agreement). Since 1 December 2003 if both parents are present when the birth of the child is registered, an unmarried father will automatically acquire parental responsibility for his child.
The Children Act emphasises that parents have continuing responsibility for their children and generally should have continued involvement in the children's upbringing even after separation. The Act provides a flexible system of orders intended to settle particular matters. Each parent is bound to obey any orders made under the Children Act. Orders made under the Children Act are based on the principle that the best interests of the child is the paramount consideration.
The orders available to the courts include residence orders , which settle with whom the child is to live, and contact orders , which deal with any form of contact which the child is to have with the other parent and significant people such as grandparents or step-parents. Orders expressed in terms of custody and access continue to have effect unless a court discharges and replaces them with a residence or contact order or the child turns 18.
Unless the court orders otherwise, a parent with a residence order may take a child out of the United Kingdom for a period of up to 28 days without a prior application to the court or the consent of the other parent.
Failure or refusal to return the child to the United Kingdom once this 28 day period has expired will constitute a wrongful retention of the child for the purposes of the Hague Convention and the Revised Brussels II Regulation.
In cases where abduction is feared and there is evidence to support that fear, the court may make a prohibited steps order to restrain either or both parents, from taking the child abroad at all.
The sooner you receive legal assistance the better. It's really worth pursuing all possibilities where kids are concerned. |
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Piers Young
Joined: 19 Nov 2009
Posts: 1
Location: Lamb Street, city centre
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| Posted: Thu Nov 19, 2009 5:43 pm Post subject: Fathers rights |
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Check out dads-4-kids support group - on Gumtree and www.covjc.co.uk
Meets at Cov Jesus Centre Weds 2.30-4pm, FOC.
Led by Mick Talty.
It helps. |
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