YOUR RIGHTS!!
A father has the same rights as a mother and contact cannot be legally stopped unless there are concerns that contact could affect the welfare of a child. These concerns may be due to a history of criminal offences, drug or alcohol abuse, domestic abuse or any other behaviour which places the child or children at risk.
Regrettably, it is quite common for mothers or primary carers to stop a father’s access to a child merely by refusing to let them see them. However, fathers do not often know that they have the same rights as mothers. This means in terms of child contact that they are entitled to have access to the child as much as the mother is.
Furthermore, it is the right of the child to have access to both parents which includes the biological father.
All mothers and most fathers have legal rights and responsibilities as a parent. This is known as ‘parental responsibility’.
"Parental Responsibility (PR) is defined in the Children Act 1989 (CA 89) as all the rights, duties, powers, responsibilities and authorities which by law a parent of a child has in relation to the child and the child's property."
Unmarried parents
An unmarried father can get parental responsibility for his child in 1 of 3 ways:
- Jointly registering the birth of the child with the mother (from 1 December 2003)
- Getting a parental responsibility agreement with the mother
- Getting a parental responsibility order from a court
- There are differences to the extent in which the laws apply based on where you live. So please ensure you double check the laws where you reside.
Same-sex parents (Civil partners)
Same-sex partners will both have parental responsibility if they were civil partners at the time of the treatment, eg donor insemination or fertility treatment.
Same-sex parents (Non-civil partners)
For same-sex partners who are not civil partners, the 2nd parent can get parental responsibility by either:
- Applying for parental responsibility if a parental agreement was made.
- Becoming a civil partner of the other parent and making a parental responsibility agreement or jointly registering the birth.
With the exception of Abuse, phycological and physical danger, if a father has parental responsibility over a child by virtue of being married to the mother at the time of the birth, is named on the birth certificate or has acquired parental responsibility through the court the mother cannot remove or restrict a father’s rights.
In the UK you can apply for Parental responsibility using the following https://www.gov.uk/parental-rights-responsibilities/apply-for-parental-responsibility" rel="noopener" target="_blank">link
You can use template letter below to inform your children's school of parental responsibility or arrange a face to face meeting.