What rights have I for my son now I’ve split with partner?
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. 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. 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. Youmaythereforewishtoinstruct a solicitor to attempt to negotiate on your behalf.
If however this is unsuccessful, you may be able to apply to the court for a Child Arrangements Order (CAO).
Mediation should usually be attempted first unless the parties are exempt from attending – yoursolicitorwilldiscussthiswith you in more detail. CAO’s regulate who a child is to live with and with whomtheyaretospendtimewith.
The judge will consider all the issues in the case and then make a decision about contact which is in the best interests of your son.
Inrespectofmakingdecisions about your son’s care, this will dependuponwhetherornotyouobtain Parental Responsibility (PR) for him. This refers 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.Thesituationisdifferentforfathers.
You have not mentioned whether or not you are married to your ex-partner. This is a very importantdistinction,asmarried 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.
If your ex-partner refuses to agreetothisandyoudonotobtain PR, your solicitor can negotiate and draft a Parental Responsibility Agreement for you both to sign. If no agreement is reached, the court can be asked to grant a Parental Responsibility Order during the CAO proceedings.