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ashlil
Beginner February 2011

parental rights.. anyone help?

ashlil, 17 July, 2014 at 13:20 Posted on Off Topic Posts 0 4

Can anyone advise on the below, as not sure where I stand and what is correct?

story.

I split up with 1st hubby in 2005 and was divorced, we had a child between us and aged 6 at the time of divorce, he was out of work and an agreement was made for him to pay when he got a job. basically he never did. I've never got any maintenance from him but he would see child every 2 weeks. Child is now 16 in sept and she hates him because of some real awful reasons and has basically said she doesn't want to see him again, she's been saying this since 14, but i've kept it going because she loves her paternal grandparents and as loser is living with them (age 49!) this was the only time she saw them. The visits over the last couple of years have been every 4-6 weeks instead of 2. She now doesn't want to see him for something that he's done which has blown every chance that she gave him, which is good in my eyes to be honest.

I'm sure at this age there's nothing he could do? plus never supporting her surely if he brought anything up this would all go against him. Does he really have any rights at all? and if she's coming up to 16 but going into further education as recent laws have changed, does he still have a "hold" over her at all?

any advice xx

4 replies

Latest activity by ashlil, 18 July, 2014 at 09:42
  • AuntieBJ
    Beginner September 2014
    AuntieBJ ·
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    As she is over the age of 10, a judge would ask her what she wants to do so no, he has no hold over her and cannot force her to see him.

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  • D
    Beginner June 2018
    Ddpunk ·
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    I'm sorry to hear your daughter has had a rough time with her dad Smiley sad

    In legal terms your daughter is a child until she is 18 (unless she marries between the ages if 16 & 18).

    But having PR for a child you don’t live with, doesn't necessarily give a right to contact with them. As bekkij says family courts are always very interested to hear the views of children so if he does pursue a court order for contact then you daughters views will be heard and the reasons explored.

    Could you arrange with paternal grandparents to have contact with your daughter at your home, or outside of their house so she can maintain this relationship without having to see her father?

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  • pammy67
    Beginner April 2015
    pammy67 ·
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    She is of an age where no one can make her see her dad if she doesn't want to. She might need encouragement not to cut ties with him, but if that's what she wants to do then it is her choice. Soon she's legally old enough to get married, old enough to be a parent herself so is well able to make her mind up here.

    The financial responsibility is very different to the moral responsibility for contact etc. The financial commitment usually remains while they are in full time education. While access might be granted by a court, maintenance payments are not conditional upon visitation rights. In this case though it seems he complies with neither anyway so I doubt court that a court would do anything other than restate the current order.

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  • *Mini*
    Beginner January 2012
    *Mini* ·
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    Were you married? He doesn't have parental responsibility if bit unless you gave it to him.

    https://www.gov.uk/parental-rights-responsibilities

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  • ashlil
    Beginner February 2011
    ashlil ·
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    Thanks guys, yes we were married before she was born. thanks for confirming things i thought, it's more the case he still wants to see her, but she's told him she doesn't, just going to have to ride the fallout of this one.

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