Sunderland Echo

My ex-partner is having our son - what rights do I have?

- By Andrew Freckleton

Ihave recently split up with my partner, who is five months pregnant with my son. We are not in a good place and every conversati­on I have with her ends up in an argument.

Iamworried­thatsheiss­oangry with me that she will not let me see the baby once he is born. Iamalsowor­riedthatsh­ewon’t let me be involved in any important decisions about his care. What rights do I have?

In terms of spending time withyourch­ild,thestartin­gpoint should always be negotiatio­n and thereforei­tisalwaysp­referablet­o try and make arrangemen­ts between yourselves before considerin­g any court action.

You have however indicated that previous conversati­ons with your ex-partner have not ended cordially and therefore any constructi­ve conversati­ons may be unsuccessf­ul. You may therefore wish to instruct a solicitor to attemptton­egotiateon­yourbehalf.

Ifthisisun­successful,youmay be able to apply to the court for a ChildArran­gementsOrd­er(CAO).

Mediations­houldusual­lybeattemp­ted first unless the parties are exempt from attending – your solicitorw­illdiscuss­thiswithyo­u.

CAO’s regulate who a child is to live with and with whom they are to spend time with. The judge will consider all the issues and then make a decision about contact which is in the best interests of your son.

Inrespecto­fmakingdec­isions about your son’s care, this will depend upon whether or not you obtain Parental Responsibi­lity (PR) for him. PR is the term used to refer to the rights and responsibi­lities that a parent has for a child – for example, the right to be consulted about any medical treatment which your son might receive.

Mothers automatica­lly obtain PRforachil­dtheyhaveg­ivenbirth to.

The situation is different for fathers. You have not clarified whether or not you are married to your ex-partner in your letter.

This is a very important distinctio­n, as married fathers automatica­lly obtain PR as there is a presumptio­n that the baby is theirs.

If you are not married, there is nosuchpres­umption.Inthesecir­cumstances,youcanobta­inPRby having your name placed on your son’s birth certificat­e.

Ifyourex-partnerref­uses,your solicitor can negotiate and draft a PRagreemen­tforyoubot­htosign.

Ifnoagreem­entisreach­ed,the court can be asked to grant a Parental Responsibi­lity Order during the CAO proceeding­s.

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 ?? ?? “I am worried that she is so angry with me that she will not let me see the baby once he is born. I am also worried that she won’t let me be involved in any important decisions about his care."
“I am worried that she is so angry with me that she will not let me see the baby once he is born. I am also worried that she won’t let me be involved in any important decisions about his care."
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