name not on birth certificate and unable to see my child.

[gdavey]

Hi and thank you in advance for any advice.

So here goes I have a child that is now 2 and when he was born myself and his mother broke up and this was about the time that carnation street was showing a story with Tyrone and his ex where she didn't put his name on the birth certificate to give her control over him and this gave her and her family the idea of not putting my name on my son's. So I have been keeping an eye on the law and have seen that they are changing this and later this year they can be forced to put my name on the birth certificate. I already have a 10 yr old child that I see every Weekend that I'm suppose to have her with out fail and even have her more than I'm supposed to.

So here are my questions.

If I take her to court what happens if she doesn't turn up?

If she is made to have a dna test what happens if she doesn't go?

Once it's take back to court and I get access to see my son what happens if she doesn't turn up?

Am I ever gonna get to see him or am I fighting a loosing battle. My solicitors fees are gonna be £180 an hour and this money will seriously affect how much I can do with my daughter.

I am desperate to see him and there isn't a day that goes by where he isn't in my thoughts.

Thank you for any help or advice.

[Kati]

Re: name not on birth certificate and unable to see my child.

Do you have any contact with your child's mother at all?
Could you send her a letter asking if she would now consent to your name being added to the birth certificate?
Would she allow you contact with the child now?

If you are determined to take her to court over paternity and contact, the more you do beforehand to try and rectify the situation the better it will look.
Keep everything calm and polite (and if possible in writing).
Try and get an appointment at your local CAB office to get their help in writing a request.

- - - Updated - - -

Have a look at the "Families Need Fathers" website (http://www.fnf.org.uk) you might find some useful info and support there too xx

[gdavey]

Re: name not on birth certificate and unable to see my child.

I have messaged her and kept all msgs but she doesn't ever reply. I'm very good friends with her sister and I know she still had the same number.

I have always tried to be civil but nothing I do works this is my last option

[Kati]

Re: name not on birth certificate and unable to see my child.

What is her sister's take on the situation?
Are you going to pay maintenance when you get your name on the BC (a question I'm sure will be asked at some point if you go to court )?

[gdavey]

Re: name not on birth certificate and unable to see my child.

Her sister had always said she's out of order she's not seen him either.

Yes ofc I will I pay for my daughter I have already kept money back for him the same amount that I pay for my daughter just incase.

[SPQR]

Re: name not on birth certificate and unable to see my child.

If I take her to court what happens if she doesn't turn up?

At first the court may adjourn proceedings (so if she didn't turn up it would delay proceedings - and unfortunately increase your costs). But if she continually does not turn up the court will probably proceed with the application without her, and you would most likely be successful.

If she is made to have a dna test what happens if she doesn't go?

If she refuses to have a DNA test the court can take inferences from this refusal. I.e. the court can take the view that the reason that she is refusing to have a DNA test is because you are the father.

Once it's take back to court and I get access to see my son what happens if she doesn't turn up?

If you get contact in your favour and she still prevents you from seeing the child she will be in breach of the court order. You would then have to bring enforcement proceedings. It is likely that the court will make an enforcement order giving her a last attempt to comply, and possibly financial sanctions. The court may also vary the original order to your favour. As the ultimate sanction (though this would have to be pretty extreme) the court could impose criminal sanctions.

Am I ever gonna get to see him or am I fighting a loosing battle. My solicitors fees are gonna be £180 an hour and this money will seriously affect how much I can do with my daughter.

It is not a losing battle. There is a presumption that the involvement of both parents is in the best interests of the child. It is highly likely that the court will give you parental responsibility and reasonable contact.

Best of luck. Liam