Child Support Law and Parental Responsibility

Originally written by Anna Martin, updated by the editorial team on 15th May 2026

Parental responsibility is a legal term that covers the rights, duties and authority a person has in relation to a child. It affects decisions about where a child lives, what school they attend, what medical treatment they receive, and how they are brought up generally. It also has a direct bearing on child support, since the question of who holds parental responsibility can influence financial obligations and legal standing.

Knowing how parental responsibility works matters if you are making a child support claim, responding to one, or trying to understand your position as a parent or carer. The connection between parental responsibility and child support is not always straightforward, and getting it wrong can create problems down the line.

What Parental Responsibility Actually Means

Parental responsibility gives a person the legal authority to make important decisions about a child's upbringing. This includes:

Choosing where the child lives, which determines their daily environment and can affect schooling, healthcare access and social connections
Deciding on their education, including which school they attend and whether they receive additional support
Consenting to medical treatment, a particularly significant responsibility when urgent decisions are needed
Applying for a passport, which controls the child's ability to travel internationally
Agreeing to a change of name
Managing property or money belonging to the child

More than one person can hold parental responsibility at the same time. When this happens, each person can usually act independently on day to day matters. Major decisions may require agreement from everyone who holds it.

Parental responsibility is not the same as having custody or contact rights. A person can have parental responsibility without the child living with them. Someone who cares for a child daily may not automatically have parental responsibility unless they have acquired it formally.

It is also different from legal guardianship. A guardian is someone appointed to care for a child if the parents die or are unable to look after them. Guardians gain parental responsibility through their appointment, but the role itself serves a different purpose. Parents remain the primary holders of parental responsibility while they are alive and capable.

Who Has Parental Responsibility in the UK

The rules differ slightly depending on which part of the UK you are in, but the general principles are similar across England, Wales, Scotland and Northern Ireland.

A mother automatically has parental responsibility from the moment a child is born. This applies regardless of whether she is married to the father.

Fathers acquire parental responsibility in the following ways:

Married to the mother at the time of birth: automatic parental responsibility
Unmarried but named on the birth certificate in England and Wales after 1 December 2003: automatic parental responsibility
Unmarried but named on the birth certificate in Scotland after 4 May 2006: automatic parental responsibility
Unmarried but named on the birth certificate in Northern Ireland after 15 April 2002: automatic parental responsibility
For births before these dates, being named on the certificate does not automatically give parental responsibility

If an unmarried father does not have automatic parental responsibility, he can acquire it through a formal parental responsibility agreement registered with the court, by applying to the court for a parental responsibility order, or by marrying the mother after the child's birth.

Step-parents and others:

Step-parents do not automatically gain parental responsibility by marrying or entering a civil partnership with a child's parent
They can acquire it through a parental responsibility agreement with everyone who already holds it, or by applying to the court
Adoptive parents gain parental responsibility through the adoption process
Legal guardians gain parental responsibility when their appointment takes effect

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Parental Responsibility and Child Support

Child support obligations in the UK are generally based on biological parentage rather than parental responsibility. The Child Maintenance Service can require a biological parent to pay child support whether or not that parent has parental responsibility for the child.

The Child Maintenance Service also considers non-biological parents in certain circumstances. If someone has legally adopted a child, they become liable for child maintenance as the child's legal parent, regardless of biological connection.

Parental responsibility still matters in child support situations. It affects who can make certain decisions about the child and who has legal standing to apply for court orders. If there is a dispute about paternity, the question of who holds parental responsibility may become part of the wider legal picture.

A person who has parental responsibility but is not the biological or adoptive parent will not usually be liable for child maintenance through the statutory system. Private agreements or court orders might work differently, but the Child Maintenance Service typically focuses on biological and adoptive parents.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

International Situations and Cross Border Rules

When parents or children live in different countries, questions about parental responsibility become more complicated. The UK previously followed the EU's Brussels IIa Regulation on jurisdiction and enforcement in cross border family matters. These arrangements changed after Brexit, and the regulation no longer applies to the UK.

The 1996 Hague Convention on Parental Responsibility and Protection of Children now takes precedence for the UK in international cases. This convention provides rules on which country's courts have jurisdiction over parental responsibility matters and how decisions made in one country can be recognised and enforced in another.

Under the convention, the courts of the country where the child is habitually resident will usually have jurisdiction over parental responsibility matters. This aims to ensure that decisions are made by courts best placed to understand the child's circumstances.

For families with connections to EU countries, the practical situation changed on 31 December 2020. UK court orders on parental responsibility are no longer automatically recognised across the EU under the old reciprocal arrangements. Enforcement in EU member states may require additional steps under the Hague Convention or the domestic law of the country concerned.

Child abduction cases involving countries that are parties to the 1980 Hague Convention on International Child Abduction continue to be handled under that framework. The aim is to secure the prompt return of children who have been wrongfully removed or retained across international borders.

Cross border parental responsibility issues usually require specialist legal advice. The rules are technical and outcomes depend heavily on specific facts.

Losing or Restricting Parental Responsibility

Parental responsibility does not usually end just because parents separate or one parent moves away, though specific circumstances can change this. It normally continues until the child reaches 18, unless a court order alters things.

Courts can make various orders related to parental responsibility and child arrangements. Child arrangements orders can specify who a child lives with and when they spend time with each parent. Specific issue orders deal with particular questions, such as which school a child should attend. Prohibited steps orders prevent a parent from taking certain actions without court permission. These orders shape how parental responsibility is exercised without necessarily removing it.

A court can restrict or remove parental responsibility in certain situations, though this is relatively rare. For mothers and married fathers, parental responsibility can only be removed in extreme circumstances, such as adoption of the child by someone else. For unmarried fathers who acquired parental responsibility through a court order or agreement, the court has the power to end it, but will only do so if this is in the child's best interests. Step-parents and others who acquired parental responsibility through a court order or agreement can also have it removed if circumstances change.

If you believe parental responsibility arrangements should be altered, the first step is usually to try to reach agreement with the other people involved. When that is not possible, you can apply to the court for an appropriate order. Speaking to a family law solicitor before making an application helps you understand the likely outcome and the process involved.

For current information on the legal rules and procedures, GOV.UK has guidance on parental rights and responsibilities. Citizens Advice offers free help and can point you toward local services. Family law solicitors can provide specific advice about your situation. The Family Mediation Council can help locate mediators if you want to resolve disputes without going to court.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Child Support Rights Checker lets you answer a few questions about your situation and get a clear summary of your child maintenance rights and options. Try it now →

183 questions

Ask Child Support Laws a Question

Marcus Adam walker 03/03/2023 at 6:47 pm

I have signed paper work to give up parental responsibility for my son. Do I still have to pay child mentenance as I am no longer allowed any contact?
Thanks

Bob 26/01/2023 at 1:32 am

Here is my problem I have a 7yr old daughter and my partner is getting csa every month with out fail I also have 50% pr for her if I give my pr up do I have to pay csa as she has a new partner and calling him dad plz can someone help me out with this situation before I go mad thanks bob

Stage 20/11/2022 at 1:14 pm

A fathers name is not on the birth certificate, but he has been paying Child Support through the agency since birth. Does that legally give him PR as mother has verbally and written informed the agency of paternity.

Lee41 31/07/2022 at 12:19 pm

So I have my son 3 nights a week and pay maintenance. I want to have my son 50/50 but mother denies it so I have to pay the maintenance, I want my son 50/50 and to stop maintenance. I have parental responsibility as my name is on his birth cert. How do I agree this?

Sam 05/07/2022 at 6:28 pm

I am 17, transgender and live with my mother and step father. I haven't spoken to my father in over 8 years, barring a phone call about a year ago where I told him I was transgender and he said I was too young to know what I want. I would like to change my name, but need written consent from "anyone with parental responsibility" meaning my mum and father. I know he won't consent to it, but I'm going to be starting work soon, and it's not easy having to explain the name change everytime. Is there something I could do so he isn't involved with me anymore? I don't want to wait anymore.

Engineer1 08/06/2022 at 10:54 am

I was in a civil partnership and we had two children by donor. It turns out one isn’t the donor and was conceived as a result of an affair. Can I keep parental responsibility (as on birth certificate) but the financial responsibility be put on the biological ‘legal parent’? (Farther). Or do I relinquish and ask for visitation rights

Jerry 13/10/2021 at 11:15 am

So here it goes, basically i was travelling from south of england to near manchester every month to see my daughter, nefore COVID-19, then they stopped all public transport, i then moved up north last year as my partner lives there, i then started seeing my daughter every 2 weeks on a saturday, but when summer holidays approached her mum wouldnt allow me to see my daughter because she was more concerned about having days out with her partner, then 8/9weeks ago i had an accident at work in which i fell down the stairs, and severely lacerated (tore) my hamstring and glutes, in which caused me problems to walk, and now its an on going injuriy, anyway i notified her that i couldnt see my daughter because of this, and shes stopped all contact so i cant see my child, shes constantly playing games like this to cause emotional distress, and now ive come to the decision as i dont want to be dealing with the emotional abuse, but would i still have to pay CSA if i gave up my parental responsibility??

Jerry 13/10/2021 at 11:13 am

So here it goes, basically i was travelling from south of england to near manchester every month to see my daughter, nefore COVID-19, then they stopped all public transport, i then moved up north last year as my partner lives there, i then started seeing my daughter every 2 weeks on a saturday, but when summer holidays approached her mm wouldve allow me to see her because she was morw concerned about having days out with her partner, then 8/9weeks ago i had an accident at work in which i fell down the stairs, and severely lacerated (tore) my hamstring and glutes, in which caused me problems to walk, and now its an on going injuriy, anyway i notified her that i couldnt see my daughter because of this, and shes stopped all contact so i cant see my child, shes constantly playing games like this to cause emotional distress, and now ive come to the decision as i dont want to be dealing with the emotional abuse, but would i still have to pay CSA if i gave up my parental responsibility??

Ant 08/02/2021 at 9:21 pm

Hi if my parental rights have bean revocked by the courts,do o still have to pay child maintenance.
Regards

JackMontee 22/01/2021 at 7:39 am

This is my situation, My ex got pregnant with my child & I haven't seen my 5 year old daughter in 2 years but I still pay child maintenance. I ask to see her but my ex always says no because she doesn't want me in her life. Ive been taken to court multiple times in the past over missed CSA payments last time being 2 years ago, my daughter even calls my ex's current partner Dad.I can't contact her or even go to their house because threats are always being made about how she'll tell the police that I assaulted her. So to avoid all the stress on my behalf and just let them be since I don't play an active role in her life I was wondering if I gave up all my parental responsibilities does that mean I no longer have to pay child maintenance? I feel like I'm wasting good money on a child I can't even see or speak to. Help me before I make the first step.

Pat 25/11/2020 at 2:30 pm

A court has put a loss of parental responsibility on mean do I have to still pay child maintenance

Katyachilly 09/11/2020 at 6:41 pm

If the dad was issued with injunction order due to violence 12 years ago and went back to his country of origin. Never paid any money for the child. Sent us ou treats in the email. Now i need his permission on the application to become British Citizen. What to do?

Fia123 22/07/2020 at 9:07 pm

Hiya if a father loses parental rights but is still on the birth certificate and pays child maintenance with the help of cms will he no longer have to pay.once he loses his rights or because he is on the birth certificate does that mean he still needs to pay he is losing all his rights expect the right to contact he just needs to take me to court if he wants access to his daughter any advice would be much appreciated thanks

Leo87 06/04/2020 at 3:32 pm

If a father has his Parental Responsibilities terminated by the Courts does he still have to pay child maintenance even though he has no legal responsibility anymore?

Hayley 21/01/2020 at 12:28 pm

Hi my partner sees his children once a week they stay over and then go to school, his ex has asked that he sign over PR to her and get their surname changed to hers and break off contact with them as she thinks they’d be better off without him, if he does all that she said she will stop csa payments. Could you advise if he does this can she or csa still chase him for payments even tho he has no legal rights to his children after signing it over to the ex

Lee 16/10/2019 at 4:38 pm

Hello I have a complicated situation, my ex wife ran off in 2012 with her new partner and my daughter. Despite loads of court letters to her mother she still refuses to let me see my daughter. Eventually they moved and I have no idea where to. I have always paid child support even though she refused me access I paid this through csa. Anyway back in June 2019 my daughters mother passed away and my daughter now lives with her auntie (her mums sister) and is now chasing me for child support as the account with her mother was closed by the csa. Her auntie is demanding 40% of my earnings, I was in a well paid job until I was made redundant in July. I would prefer to pay my daughter direct as soon as I start working but her auntie is demanding it to be paid to her. I’m looking for any advice and help in this situation and it would be greatly appreciated. Thank you

Ti 22/04/2019 at 8:34 am

Hi I am wanting to remove my ex partners parental responsibility. He has been absent from their lives for almost 3 years. He has a history of alcohol problems, and also domestic violence. He is not a fit parent, and after 10 years of being separated, he still continues to harass me, even police have been involved. Some advice would be greatly appreciated.

Leonie 16/04/2019 at 1:30 am

Hi, I'm looking to see about removing my child's father's parental rights. Will this be possible to do at all? He has had 10 minutes contact at Christmas 2018 since October 2017 he has never paid for our child has given me constant abuse there was unreported domestic violence and abuse in our relationship our child suffers from crippling anxiety from thing she has witnessed at his and his partners home they constantly fight physically police have been involved on numerous occasions and I still have calls from social services and the police when there's an incident at their address even though my child no longer has contact I have been told they are doing some sort of steps order (unsure of what it's called) to assess if he should be allowed around children due to his violent and volatile behaviour will I be notified of this decision when it's made? If not will I have a good enough case to have his rights removed? Thanks

Del 13/03/2019 at 11:18 am

Hi this is a very complicated situation my wife of 11 years left the family home in 2018 taking my daughter but leaving my sons with me as she is not their biological mother. My question is that when she was given parental responsibility of the boys in beginning of 2009 by court order is she liable for maintenance payments for my sons as I am for my daughter, I know she is if she legally adopted them but I’m not sure how things stand with a parental responsibility order their biological mother has had no contact with them in 12 years and has made no maintenance payments in that time the only mother they know is my ex wife and they see she is no longer interested in them but surely after 11 years of parental responsibility she has an obligation to their welfare .

Sarah_R_2006 06/03/2019 at 12:33 pm

Hi, I have not used this page before but I hope to get some reply’s.
My daughters bio dad lost his parental rights 5 years ago ( when she was 5) due to a court determining she was better without him!
He has never bought her an item never mind paid child maintenance

Is she entitled to anything back dated? What about the years he should have been paying.

Is there a chance ( even a small one isn’t worth the risk) that he could appeal the courts again and ask for visitation ??

Jem 25/02/2019 at 10:31 am

My ex is named on our 10 year old daughters birth certificate, he saw and paid regularly for her until around 3 years ago. He hasn't seen her in over a year and has contributed sporadically and minimally since. My daughter would like to change her surname to mine but my ex won't give permission for us to do this. I have said I am happy for him not contribute financially going forward if he'll just allow us to do this but he refuses. Does anyone know if I can change her name anyway given the circumstances?

Sante86 06/11/2018 at 9:22 pm

Hi I didn’t put my child’s fathers name on the birth certificate, as he did not want to be involved. He sends me constant abuse and has only seen her a handful of times since being born, she’s only 6 months old. I am worried he will go to court to try and get parental responsibility and continue to make my life hell. Can you advise as to whether it makes a difference how he has undermined and ‘bullied’ me throughout pregnancy and the first few months of her life (all of what I have evidence of in text messages) if the court will give him parental responsibility when he has proved unreliable so far and cruel?

Debbie 02/11/2018 at 9:09 pm

If my child's bio father has not been in her life from the start (turned out to be convicted child molester) and gives parental responsibility to my civil partner who's been in her life for 7 years.. Does the bio parent still have to pay child maintenance as maintenence is already court ordered

Ajm 29/10/2018 at 10:16 am

Hi. My daughter is 14 her dad as parental responsibility but he is not on her birth certificate, he can see his daughter when ever he wants but he never seems to ask to see her, it's always on my daughters terms, which she is happy about. It's time he played a responsible part in her life, can I claim csa?

Jonah 16/10/2018 at 1:44 pm

My ex-wife took my daughters to live 350 miles away 8 years ago and I have only seen them twice since then despite numerous journeys to where they live. I continue to write every fortnight, send christmas and birthday presents to them as well as the odd 'missing you', 'good luck at new school' cards etc. I have received one thank you card in all that time.
I receive their school reports and, up until now, have received their school pictures (my ex-wife never lets me know) as I always call the school every September. This year I called as usual and was told by the school that my daughters have said they don't want me to receive them anymore. I am devastated as this is my only way of seeing what they look like.
Is there anything I can do and are they allowed to specify this (they are now 11 and 14)...?

Lo 03/10/2018 at 4:11 pm

Hi, I have recently got married, I have two children by a previous partner. The father is absent and uncontactable, I have absolutely no idea where he is and haven't since I broke up with him three years ago. He has had no contact with the children in that time, and in fact if he did try to have contact with them he would find it very difficult due to past abuse. Now I am married I would like my children to take my husband's name, I would like him to have parental responsibility, and ideally he would like to formally adopt them. I wasn't married to my children's father but he is on their birth certificates. In this situation does the biological father have parental responsibility, or can we change their names etc without him as he is uncontactable?

George 27/09/2018 at 12:09 pm

Hi, my question is..if I have got someone pregnant on a night out, and they decided to keep the child even though I was against it. Would I still have to pay towards the child. Also how would it work if I'm unemployed as I am only a student

DSD 18/09/2018 at 12:03 pm

Hi, I can't seem to find a direct answer for my very specific situation. I'm a non-UK citizen, unmarried, biological soon to be father. The mother IS a UK citizen and we have separated. She has agreed, if it's legally possible, to absolve me of any and all parental and financial obligation. Is it in fact possible, if so, how?

ChildSupportLaws Editor 07/09/2018 at 10:56 am

No, if you are the non-biological father you would not have to pay child maintenance. The biological father is responsible for this. However, if you divorce then an extra financial provision may be made towards your wife if you have brought your stepdaughter up from birth.

Lilyj987 06/09/2018 at 9:14 pm

My daughter is 12 her father has never been apart of her life ever, now he has shown up out of the blue wanting access but she doesn’t want to go with him. What rights does he have? And can my daughter refuse to go with him?

Kate 06/09/2018 at 2:50 pm

Does a non biological father have to pay child maintenance? My ex had her daughter before we got together and we married a few year into relationship..not on birth certificate also no legal rights as no adoption or any kind of rights put into place

ChildSupportLaws Editor 06/09/2018 at 9:42 am

Your daughter's father will be able to apply to court if you refuse to attend mediation to discuss the matter. However, as your daughter is now 12 years of age, then her opinion will be taken into consideration. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. You can see more about child arrangement orders here , which shows you the process. You have every right to withhold access until a court decides what it thinks is in the best interests of your child.

Lilyj987 04/09/2018 at 10:34 pm

My daughter is 12 her father has never been apart of her life ever, now he has shown up out of the blue wanting access but she doesn’t want to go with him. What rights does he have? can my daughter refuse to go with him? He isn’t on the birth certificate.

OllieN Editor 03/09/2018 at 3:42 pm

@Nurse1984 - if parental responsibility was taken from him, it would also absolve him of all financial responsibility for his child..........Only a court can decide and as a rule a court wouldn't opt to... for that very reason.

Nurse1984 30/08/2018 at 10:45 pm

Can parental Responsibility be taken away if my ex had never seen my 11 year old since he was 4 months old is a serial job hopper and has dodged many deductions of earnings the CMS are looking into legal enforcement ie bank account deductions?

ChildSupportLaws Editor 17/08/2018 at 2:34 pm

You must get the permission of everyone with parental responsibility for a child or from a court before taking the child abroad

ChildSupportLaws Editor 03/08/2018 at 10:02 am

I am sorry to hear this. If his daughter is anxious and/or depressed then maybe he shouldn't take it personally as it may be part of a wider issue. Individuals who are clinically anxious or depressed can and do take a step back from the world and relationships with people. In other words, when they are focussed on their own problems other people can take a back seat. In this respect, trying to communicate with the mother and perhaps suggesting mediation may be the way forward in order to try to ascertain what the issues are and whether he can help. Alternatively, a letter to his daughter stating that he misses her and he is there at any point if she needs him he will be there. Your husband is in a limbo situation, as forcing the issue of access through court is unlikely to help if his daughter is unwilling (and at age 13 court will allow her opinion). Additionally, his other daughter may be willing to act as a mediator too. It is difficult to give advice as without knowing the full background story. But all your husband can do is be patient and hope the situation at some point turns around. If he takes the matter to court, court can be incredibly stressful and the question is does he wish to go to these lengths?

Sam 02/08/2018 at 1:38 pm

Hi, I'm lost at how to help my husband and I am looking for advise and support. My husband and his daughter were inseparable when I first met him, he is a fantastic dad and loves his daughters.
We used to have his daughter the youngest now 13, all the time and go away with her. But as puberty hit, she become anxious and depressed, she wont see him or contact him, the ex wife doesn't encourage the contact and blames my husband for moving a two hour drive away for all their daughters problems. I must state here that my husband was separated and both living in different houses 2 years before I came onto the scene.
It is tearing my husband apart and has for the past two years, the ex wife no longer let him know how she is doing or encourages she to see, contact or speak to him. My husband is broken by this, the daughter ignores her dads calls, texts and refuses to see if he goes down. He has maybe seen her a total of 6 times in the past two years.
Can anyone give me any advise or suggestion on how they can get past this and become closer again? I would do anything to support this relationship getting repaired, I'm worried the longer it goes on the harder it will be for his daughter to see her dad. He still see this eldest daughter who is 22 and has a baby of her own, both girls and the granddaughter all still live with his ex wife.

Thank you for reading,

Tiny 01/08/2018 at 9:45 pm

My daughters biological father as nothing to do with my daughter I’ve book 3 weeks holiday to Disneyland Florida she as his surname worrying what documents I’m gonna need as his on the birth certificate she’s nearly 9 and his been absent from her life for 8 and half years don’t wanna get all the way to Florida and get sent back

Fisheees 06/07/2018 at 2:24 pm

I think your article is factually incorrect. On 1st December 2003 the law was changed, so that unmarried fathers who appear on a child's birth certificate are granted automatic parental responsibility. I know this because My older boys were born either side of this law, and I only share PR for one of them, with sole PR of the elder boy.

ChildSupportLaws Editor 04/06/2018 at 2:54 pm

The court would not remove parental responsibility from your child's father unless your child's father consented to adoption (which would give your new partner parental rights over your child) through the process of adoption. , which will explain more.

ChildSupportLaws Editor 17/05/2018 at 12:03 pm

Unless the father of your child agrees to his child being adopted by your partner, his parental rights will not be terminated by the courts.

Red.Head 16/05/2018 at 4:12 pm

Hi, I had my son wiv my ex partner in 2011,he was extremely violent whilst I was pregnant and after I had my son. I went to the police and had a non molestation order as the police advised. We had to go to court through this. Whilst at court my ex would turn on the water works and turn into a tiny mouse stating that I was using my son against him, I would not allow him to see my son due to him being a few weeks old and the violence from my ex being near misses to my son. My ex was given parental responsibility by the court but has not seen him since 2012, so 6 years, he has never paid towards him etc. My partner has been around since my son was 4months old(known eachother for 10years). We now have a child together. I would like to know if my ex's parental rights could be terminated due to him not seeing my son and if my partner is able to have any legal rights to my son? He has been the one who has been there, looked after him, fed him, taught him to walk/count etc. Advice appreciated

ChildSupportLaws Editor 15/05/2018 at 10:08 am

You would have to speak to CMS directly. If CMS say no and you wish to make a claim, then you may have to go through the process again.

dg 14/05/2018 at 11:10 am

I continued to pay CMS directed monies throughout the full Appeals process

HMCTS Tribunal (06/12/2017) Decision was that the case should have been "set aside" backdated to original CMS decision date of 06.12.2016 as that I should not be paying CMS monies in the first place, I have full shared care and provide "a home" for my children.

Therefore I ended up paying 11 months of CMS Monies, tribunal deemed that I shouldn't have been, throughout the process.

Am I entitled to this money back, as I have been advised by CMS via small claims court?

ChildSupportLaws Editor 01/05/2018 at 10:09 am

Under the Child Support Act 1991, the Child Maintenance Service cannot make an order against a non-biological parent. However, if you are divorcing and you are a step-parent, you may be required to provide financial provision for the children if they are deemed to be part of the family. You may wish to seek legal advice regarding this.

Looloo 30/04/2018 at 7:09 pm

My daughter age 7 has zero contact with her biological father as he refuses even though he resides on the next street to my daughter how do i go about taking his parental responsibility away as he is named on her birth certificate and can I represent myself or can i apply for legal aid.
Thanks

kaz 30/04/2018 at 5:03 pm

I am separated from my civil partner and we have two children although I have parental responsibility (as.we were civil.partnered at time of conception) I am not a legal.parent to.either of our girls ( both conceived before 1/4/2009 HFEA 2008) and have not adopted or on birth cert.
am I financially liable for girls in any way as my ex expecting more than 50% of house equity??

ChildSupportLaws Editor 12/04/2018 at 10:09 am

Child maintenance and child access are two different issues not to be confused. With regards to child maintenance, every non-resident parent by law has to pay to help support their child whether they see their child or not. If the mother prevents access or contact, then your partner has the option to apply to court to see his child. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. You can see more about child arrangement orders which

Pitbull 11/04/2018 at 11:25 am

My partner does not even know where his child is through no fault of his own as mother won’t make contact, mediation was tried and she back out every time - can we remove parental responsibility as completely unfair that he pays for a child that he cannot see and is his something that can be stopped

ChildSupportLaws Editor 22/03/2018 at 3:42 pm

If your daughter's dad has parental responsibility, then you still need to request consent to change her name and request a passport.

RachelN Editor 22/03/2018 at 12:25 pm

@Stanley - Anyone with parental responsibility can voluntarily allow the local authority to accommodate their child under section 20 of the Children Act 1989. Section 20 is voluntary accommodation and if you don't want your child back - the LA won't force you.

Stanley 21/03/2018 at 12:34 pm

Good morning.
I have a family of 4 , i live with my wife ,our daughter who is 11 and is blind , boy( my stepson) is 15.
We've had very challenging last couple of years and our boy ,due to his behaviour at home and school and going missing episodes, had to be accomodated under section 20 . He has now been out of county and we as a family are trying to recover from what we have been through.
How long can the sec.20 accommodation last ?
We were told that within 12 weeks Social services would try to put him back with us.
Can we refuse to have him back and insist that the boy should stay under care of authorities for the sake of whole family?
He doesn't want to live with us anyway and that caused a lot of arguments already and this is why he had missing episodes at least once a week.
What are our rights and what are responsibilities of authorities in these circumstances.
Many thanks

K 20/03/2018 at 3:33 pm

My daughter's dad hasn't seen her for 7 months my daughter is 9 nearly 10. Her father has no interest in her he's even getting married and hasn't let my daughter know. Where do I stand with parental responsibility? Changing her name? Getting her a passport etc?

ChildSupportLaws Editor 19/03/2018 at 11:09 am

If the mother has registered her husband as the father on the birth certificate, then unless challenged he will be considered the natural father and therefore will be responsible for the financial upkeep of your child. If in the future, the mother declared you as the father, then you would be financially responsible for your child. If the mother named you as the biological father to CMS and you refused to take a DNA test, then you would be required to pay child maintenance until you could prove you were not the biological father.

Ibe 18/03/2018 at 2:29 pm

I slept with a married woman who ended up getting pregnant. Her husband is not aware of this and now she has had the baby. He is also on the birth certificate. If in the future i did a dna test and i was the father, would i pay child support or would the husband? And do i have to give a dna test or can i refuse.

ChildSupportLaws Editor 08/03/2018 at 11:10 am

You can see all you need to know via whichto help answer your question.

Deb 07/03/2018 at 11:00 am

I’ve been separated from my partner for over 4 years. We wasn’t married on the birth of my daughter. He has shown no interest in my daughters life and I doubt he ever will. I dont and have never received child maintance from him, I solemnly support my daughters needs. I’m looking into changining her surname, he his registered on her birth certificate. What are my chances in doing this, do I have the right to do this? I don’t know where my ex is or where he is living. Thank you

MattFG Editor 06/03/2018 at 2:54 pm

@Leigh - The law doesn't favour the mother or father, it's aim is to decide upon what it thinks is in the best interests of the children (always putting them first) when making any decision. Therefore, it looks as though the mother is favoured. But it's just because the mother is usually the one that looks after the kids mostly. The courts are trying to move to shared care for parents, so that there is better equality. But things like child benefit and tax credits are only weighted towards one parent, so they are lagging behind.

Leigh 06/03/2018 at 9:52 am

If you actually read all the things regarding government legislation regarding fathers and mothers you can clearly see a lot of gender inequality. Basically there are no rights for fathers at all and the government is empowering, incentivising mothers to deliberately sabotage relationships for full control over children. I think the U.K. Has an awful skewed approach towards fathers and only supports malicious mothers.

ChildSupportLaws Editor 01/03/2018 at 10:56 am

Much depends upon whether the non-resident parent is eligible to pay child maintenance. Every NRP, by law has to pay child maintenance in order to support their child (where the resident parent makes a claim). However, not all non-resident parents are deemed financially eligible, for instance if they are claiming benefits. Where the parent is financially eligible and tries to avert paying, then CMS will do all it can to try to extract child maintenance.

Arthur 28/02/2018 at 7:37 am

Since the definition, by law, of parental responsibility is the care and protection of your child, while child neglect (abuse) is the failure to provide for your child in terms of basic care, stability, safety and health, (which all involve financial input). Isn't a parent who is failing to provide for their child, even most basically, by not paying a maintenance fee, breaking the law, and in fact committing abuse through neglect? Not 'only' are they exploiting the other parent's care of the child, they are exploiting the child.
As they deny their legal responsibility to their child's basic rights and needs, abusing the child's very rights to protection, and to thrive, thus also making it even more challenging for the other parent, (the one who is heroically upholding all responsibilities) to provide sufficiently. They are creating a scenario ripe with potential for abuse through the threat of poverty, and all that entails. Shouldn't it be a matter for the law to uphold, in terms of child protection, and not a matter that requires the other parent to uphold, arrange and facilitate? Many such cases the parent who doesn't provide is an abusive ex partner, be it emotional abuse, physical, and always financially abusive. As child neglect is a matter of the law when the parent who neglects lives with the child, why not be required to uphold parental responsibility when living apart?

Scooby Sue 21/02/2018 at 8:49 pm

My partner left my baby daughter and me 4months ago where we were living in Scotland and he now lives in Wales. I have tried to formalise arrangements for access but he is insisting that he wants to take the baby to Wales at regular times throughout the year for, a week at a time so nothing has been agreed. I have evidence of a lot of irresponsible behaviour in the past and therefore have genuine concerns about the safety and wellbeing of my daughter, not to mention the fact that he barely knows her due to his decision to leave. I am unaware of his address in Wales or if he is working, I know he has parental responsibility, but, when we haven't formalised an agreement, surely he doesn't have equal rights e.g. he couldn't just take her from the house without my permission - could he?

ChildSupportLaws Editor 19/02/2018 at 12:32 pm

Speak to CMS, you may be able to claim child maintenance from him even if you are still living together. Therefore, you may wish to speak to CMS directly. Alternatively, if you cannot see eye-to-eye, perhaps you should suggest mediation to him as a way of deciding how you wish to move forward both practically and financially. Trying to resolve things amicably is always the best approach to take. However, I appreciate it is not always easy if the other parent refuses to compromise. If they don't then court is always seen as a last resort to solve a dispute. Hopefully, it will not get to that point. I think the message you need to relay to your ex, is that you are happy to discuss these matters rationally and come to a working arrangement between you. But if he refuses to deal with the issues facing you, then you will take a more official route.

Bee 18/02/2018 at 7:47 pm

Hiya just a bit of back ground info. I have 2 boys 11 and 9 and have recently separated from their father. However we continue to live in the same home, with him taking little or no responsibility for them financially,practically or any other way tbh. I was wondering if I stand any ground on a legal basis here although I do find it highly unlikely as iam aware we are still legally married. He is being difficult about divorce proceedings atm. Difficult about everything!

LS 18/02/2018 at 12:57 am

Could you please give me advice
My partner would like to adopt my two children,aged 11 & 13, do we need my ex husbands permission?
My children's biological father has not made any attempt to see or contact my children in 5 years. He seen them briefly for around 2 months in 2013 & it came to an abrupt end when I didn't feel he had my children's best interests at heart...For example taking my children to school late, telling my daughter that his step daughter had more right to be in his home,my daughter coming home with bite marks and scratches on her body from his younger child,my son cutting his back open after falling on machinery left laying around and sending my son to school with shoes on that were completely split. Before this 2 month period he had not had contact with my children since around 2009.
My children's home and life is now with myself and my partner. My partner provides financially for the children and is a solid part of their every day life,doing school runs,looking after them if poorly, taking them to their social events and out of school clubs. Providing them with food, clothing and a roof over their heads.
Although my ex husband has no interest or contact with my children he would still try and put a stop to my now partner adopting my children. If anything ever happened to myself I want peace of mind that my children's lives would not be turned upside down and they would be allowed to stay where they are happy and in the care of the person who they look upon as their dad. What can I do to ensure my children's step father can legally have parental responsibility if their biological father will not agree to it?

ChildSupportLaws Editor 12/02/2018 at 2:02 pm

Firstly, the fact your ex owes maintenance is a completely different issue to the one you are writing about and has no bearing. The issue here is that you changed your child's name without your ex's consent (if your ex has parental responsibility, you should have requested his consent). Likewise, he is refusing to authorise the passport application for your daughter. Your only recourse (if your ex refuses to attend mediation) is to apply to court, to ask the court to override his refusal. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. With regards to the change in name, your ex can choose to make this an issue or not. However, again, this would have to be carried out through court.

K 12/02/2018 at 7:12 am

After 4 years of my ex being absent from my children's lives I changed their surname to the same same as me and my husbands. He has now been absent from the youngest life for 12 years and I've just applied for his first passport they have said that I need my exs consent of name change my daughter has asked him as she has recently got back in contact with him and he's saying he won't give consent he has been absent for 12 years and owes 32 thousand in child maintenance. Does he still have the right to say no.?

ChildSupportLaws Editor 05/02/2018 at 2:25 pm

Yes, a name change makes no difference to child maintenance payments. Your husband still has a biological son he is responsible for helping to financially support, regardless of what name the son chooses to be known as.

Pondy 03/02/2018 at 9:21 pm

My husbands son who’s 17years old has changed his surname by de poll and he hasn’t had no contact with him for about 3 years due to his ex being very difficult, will he still need to pay his ex child maintenance??

Wardy 16/01/2018 at 2:53 pm

I have and 8 year old son who has never seen his father as he got somebody else pregnant at the same time and chose not to stand by me.
He made me have a paternity test through the csa which proved his was the dad! He pays monthly for him but choses not to see him.
Am due to get married next year and have a 2 year old daughter with my partner. We would like to give my son our name too.
Will my ex still need to pay maintenance if we change his name by Depole x

ChildSupportLaws Editor 15/01/2018 at 11:17 am

Child maintenance and child access are not related and not dependent upon each other. In other words a court would not condone you using your child as a financial bribe. You should try to sort this issue out separately. Requesting your ex attends mediation may be an option if you cannot agree between you. Or contacting CMS directly may also help.

Gems 14/01/2018 at 4:41 pm

My sons dad who I haven't been with for some years owes me near £2000 in maintenance, where do I stand with stopping access until some maintenance is paid?? This amount is only in the last 9 months I'm not counting the rest! Many thanks

ChildSupportLaws Editor 08/01/2018 at 3:04 pm

Where you cannot agree between yourselves, your only recourse is to suggest mediation and if your ex refuses to negotiate, apply to court, As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.

Mum 06/01/2018 at 2:23 am

I've recently split with the father of two of my children. We were unmarried but he is on the birth certificates and the children have his surname. The relationship failed to an affair on my behalf of which I'm not proud of, However he left the family home with the children and there passports and is denying me access. What can I do to have my children returned ? I don't even want a fight, I want my children to have both parents equally in there lives.

ChildSupportLaws Editor 05/01/2018 at 2:25 pm

As specified in the article, if the father of your child was registered as the father on the birth certificate, then he may have parental responsibility, PR doesn't end unless officially ended by the court, regardless of what part your ex plays in your son's life. However, it is very rare that a court will remove parental responsibility. If your son's dad was 'not' registered as the father on the birth certificate, then he has no parental rights.

Curiosbunny 05/01/2018 at 12:43 am

Hi I'm pregnant with a little boy unplanned and don't know the guy very well and I don't know to much about his lifestyle or family and he has been abroad for literally my whole pregnancy, obviously I will have to get to know his family when I have the baby and he is back and see the whole setup but he hasn't got his own place, and I don't really see him as a responsible adult what are my rights as a mother I have so much anxiety over this if he is not on the birth certificate and wants parental rights would he need to prove his maturity to the courts and is child maintenance and parental rights linked? He talks like my son is going to come everywhere with me but I don't want my little boy hanging around unresponsible dad doing nothing with his friends and I don't think he will be doing constructive dad things? Helpppp im so worried I don't want my son speaking slang and looking up to somebody who is not educated and constructive

ChildSupportLaws Editor 04/01/2018 at 10:42 am

Yes, you can apply for child maintenance. Every biological non-resident parent is responsible for paying towards the day-to-day care of their child. However, you would not be able to claim retrospective payments, only payments from when you first register the claim.

Mrs s 03/01/2018 at 9:08 am

I have a son who has just turned 10. He hadn't seen his biological father (an ex boyfriend) or had any contact apart from a brief visit when he was only 3 years old as he wasn't interested. My husband and I had reached the decision last year, that we both believed would be beneficial for my son, for my husband to adopt him. Long story short, as part of the court proceedings they have to attempt to find and notify biological father to get their permission. He came out of the woodwork, so to speak, and opposed the adoption. Despite lying in court and not having any legitimate reason why he hadn't bothered all these years, adoption of my son was not allowed. His biological father doesn't have parental responsibility as isn't on the birth certificate. My husband was awarded legal parental responsibility only. My ex is now building a relationship with my son & I am supporting this, if very.cautiously!! Can I apply for child maintenance payments from his biological father even though he hasn't got legal parental responsibility?

Rose 02/01/2018 at 4:10 pm

my sons dad doesn't see his son for more than a year now, he used to be abusive towards me.
My question is does he have parental rights even though he is not involved in his life? I search but it inst quite clear.
We were never married and the relationship ended before the birth of my child.

Tasha 29/12/2017 at 6:22 pm

Hi i seperated from my ex partner 20 months ago although not divorced. I have a 16 year old daughter who is not biologically his, he has supported her financially for 14 years this includes paying £40 a week since we split up for maintanance. He has now decided that he isnt going to pay this although still wants to be known as dad ect. Is there anything that i can do? I have been off work for nearly 2 years due to nearly dying from sepsis so we are really struggling financially.

Alan 24/12/2017 at 1:45 am

Hi there
I'm separated two years ago.my ex claims she is pregnant from me in her 12 week ( we had a contact just about 3month ago) and she will ask for child maintenance as doos as she will have the baby . I'm hardly surviving under mortgage and personal loan payments. What will happen for this case please .
Regards

Alan 24/12/2017 at 1:39 am

I'm separated two years ago . My ex claims she is pregnant in his 12th week from me now( we had one contact about 3 month ago) and she is not gonna abortion . Then she will ask for child maintenance as soon as she will have the baby . I'm so broken . Devastated as I'm hardly surviving under mortgage and personal loans . What will happen on this case please?

ChildSupportLaws Editor 21/12/2017 at 2:27 pm

Child maintenance and child access are not connected. By law, a non-resident parent has to help support their child by paying child maintenance, regardless of whether they see the child or not. This means you can claim child maintenance and it does not mean your ex will be granted access. He would have to either agree with you regarding access. Or, suggest you both attend mediation and if you refuse, then will then have the option to apply to court.

Abi211314 19/12/2017 at 6:06 pm

Hi I have a 9 week old son to my ex who left us when I was pregnant I have numerous domestic cases with the police against him for violence. He was at the birth as I asked him to I’ve offered him to have our son 2 days a week but not to go to his mothers and she smokes cannabis and offered to buy my son on numerous occasions of which I have proof. He is refusing to see our son or pay anything towards him or even to buy nappies etc he isn’t on the birth certificate as he didn’t show up on the day although informed of which I have proof again. If I go through csa will he be able to get perental responsibility and will he be aloud to take our son round to his mothers? I’ve offered to put him on the birth certificate after 1 year of seeing his son. He is admiment he wants to see our son but refuses to until I get csa what should I do or do I let my son grow up without his dad because he’s being selfish? Please help

ChildSupportLaws Editor 19/12/2017 at 11:08 am

It's rare a court will take parental responsibility away from one parent, unless absolutely necessary. It would be a matter for the courts to decide what it thinks is in the best interests of your child. Therefore, you would be best advised to seek legal guidance to see whether you have a case.

Tink 18/12/2017 at 7:46 pm

My child is 9 for 4 years the father had on off contact. After a long time of court orders the father hasn't had contact with my child for 5 years now, as he wanted a section 7 report done which didn't go in his favour.
He's also been in and out of prison since his last contact.
Can I have his P.R taken away? He's basically abandoned my child!

ChildSupportLaws Editor 18/12/2017 at 3:47 pm

If you wish to claim child maintenance, you should get in touch with CMS Options and they will put a trace on your ex. Your ex still has parental responsibility of your children, and if your current partner wishes to adopt them, your ex would have to give her written consent, for more information.

DavieMndy 18/12/2017 at 2:25 pm

My ex-wife and I separated years ago. Since 2014, my children have been living with me and have zero contact with their mother. Their mother doesn’t attempt contact and my children don’t want any contact whatsoever with their mother. Their mother has not contributed financially towards them since 2014 and we don’t know where she lives, we have no means of contacting her.
Their ages are 17 and 12. Child benefit is in my name as is tax credits.
Do I have sole parental responsibility?
Also, my fiancée (getting married in 2018) wishes to adopt my children, is this possible without their mother agreeing?
Thank you.

ChildSupportLaws Editor 07/12/2017 at 3:27 pm

If the mother has never claimed child maintenance from him via CSA/CMS, then nothing will happen with regards to a retrospective child maintenance claim, unless of course your friend knew a claim was made and tried to avoid it. With regards to current circumstances, the mother may be able to claim if the daughter is in full-time government approved education not higher than A-level equivalent, for at least 12 hours a week, then maintenance payments can be claimed until the child finishes the course or until they turn 20.

Steve 07/12/2017 at 9:47 am

A friend of mine has just discovered he has a 19 year old daughter. He has never paid any child maintenance. What happens in a situation like this?

ChildSupportLaws Editor 21/11/2017 at 12:55 pm

If your partner's ex has named him as the father, then he is deemed by law to be responsible towards the financial upkeep of his child, regardless of whether he sees his child or not. If he feels he may not be the father of the child, he would have to challenge this by requesting a DNA test is done, CMS may or may not insist he continues to pay child maintenance until the test results are confirmed. However, if he chooses not to, then he may have to pay arrears if the test shows he is the father. Access to see his child is a different issue. If he wishes to apply and his ex will not allow him to see his child, or resolve a dispute via mediation, then he can apply to court, for access and parental responsibility (if he chooses). As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.

MOL 17/11/2017 at 11:47 am

hi my partners has a 3 year old son he has never been aloud to see as the mother of the son won't allow him, he isn't on the birth certificate or has my partners last name. But csa demand he pays child maintenance. The mother of the child has also said on a number of times that my partner isn't the childs father, but child maintenance only seem interested in getting money off my partner and not getting this sorted. Is there anything we can do?

ChildSupportLaws Editor 17/11/2017 at 11:02 am

Much depends upon how old your child is and whether you are deemed still responsible for paying child maintenance. Every parent has the basic responsibility to provide for their child up until the age of 16, when they are legally allowed to leave school and get a job. After this age, it depends what your child chooses to do. If they continue in full-time non-advanced education, not higher than A-level equivalent, for at least 12 hours a week, then your maintenance payments will continue until your child finishes the course or until they turn 20. If you are still responsible for paying for your child, you and the other parent can either agree a family-based arrangement or apply cia CMS, which has taken over from CSA

Dbritton 16/11/2017 at 2:15 pm

I have received a letter from CSA informing me that my legal responsibility to them has finished.
Am I still obligated by law to pay the mother any payments.

ChildSupportLaws Editor 13/11/2017 at 3:56 pm

Only in very rare cases will a court rule to remove parental responsibility and only a court can decide. As a rule, because your ex doesn't have contact or doesn't pay is not a good enough reason. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.Therefore, you would have to seek legal advice to see whether you have a case to answer.

El 11/11/2017 at 8:18 pm

My sons father has been absent since his first birthday no contact off him whatsoever in 2years he claims not to work to not be able to pay child maintenance but I know he works and claims not to to avoid paying tax and for 2 other children he's fathered also he is with a girl that caused alot of trouble for me and my kids for a year after he walked out so contact would be a no after this as she is dangerous could I have parental responsibility removed from him as he will not pay and does not want contact.

AnnaD 10/11/2017 at 5:42 pm

My partner has 2 children that he has not seen for 8 years as their mother has stopped him having contact. He has just received a letter from social services to say that their mums new husband wants to adopt them both and change their names. My partner currently pays a large sum of money each month through child maintenance. If he went ahead with the adoption would he still continue to pay maintenance?

ChildSupportLaws Editor 02/11/2017 at 3:59 pm

If your daughter is living with your ex and you are earning a wage and paying tax via HMRC, then your ex would be eligible to claim child maintenance.

Lou 02/11/2017 at 9:26 am

My 17 year old daughter has left the family home which she shared with me and her Step Dad and siblings. We are distraught at what has happened but it seems we have no legal powers to intervene to get her back home so she is safe and well. She is at risk of getting chucked off her College course as she never shows up and her Dad (who she has gone to live with) doesn't have her best interests at heart and letting her run riot, what she is doing is horrifying to us and very distressing. As she was born in 2000 and me and her Dad were never married, is it true I don't have to pay child maintenance to him? My train of thought is he won't pay to keep her, never has, so if he can't claim money off us he may send her back home? This may provide us some leverage, I can't seem to get clarification anywhere. Thank you

ChildSupportLaws Editor 31/10/2017 at 1:55 pm

Regardless of whether the father is registered on the birth certificate, you can still claim child maintenance. The father of your child, by law, has to help financially support your child, , which should tell you all you need to know.

Claire 27/10/2017 at 12:41 pm

I am currently 30 weeks pregnant and my child's father left me 3 days after I told him I was pregnant. I haven't heard from him since. I have tried to contact him numerous times but have been ignored . I was wondering where I stand on claiming child support once the baby is born, as I'm not sure if I will be entitled to it because he won't be on the baby's birth certificate.

ChildSupportLaws Editor 03/10/2017 at 2:00 pm

The Reciprocal Enforcement of Maintenance Order (REMO) Unit helps to register and enforce child maintenance orders internationally. Please the gov.uk which

Anon 01/10/2017 at 9:41 pm

Father of my child has parental responsibility he does not take any interest in my child . He also has children in Europe that he supposedly pays maintenance for although I do not know if he pays it yet he said he did but then his ex agreed that he could just buy them things if they need it. how does that affect the claim as the other country takes money into account after tax and NI but I know here it is taken on gross pay so How is it decideed the amount of maintenance received for my child and do the children get equal amount of money.

Lee 29/09/2017 at 10:14 pm

I am a British woman and I married a British man in Zimbabwe and we have two children. We got divorced and he stopped paying maintenance and forced us to leave Zimbabwe. He remains in Zimbabwe. I am now working in the UK and my two children are in boarding school in South Africa. I am getting deeper into debt to maintain my children. How can I get maintenance?

davey 28/09/2017 at 3:01 pm

I have a foster child an it's goin through court however the father ignored the child for first year of his life then was given contact an for nearly another year he's had little to do with him but court keep giving him more chances to walk into child's life every couple months which is upsetting the child

ChildSupportLaws Editor 15/09/2017 at 12:13 pm

You would have to refer the matter through the courts for the courts to decide what it thinks is in the best interests of the child.

Annonomus 11/09/2017 at 11:52 pm

My partners childs (My un-official stepdaughter) father Is a convicted pedofile (currently in prison until Nov 2018)
And we are trying to apply to have his parental responsibility rights removed. What is the best way to do this and How likely are we to succeed?

ChildSupportLaws Editor 11/09/2017 at 4:46 pm

The Reciprocal Enforcement of Maintenance Order (REMO) Unit helps to register and enforce child maintenance orders internationally. You can speak directly to REMO via whichYou can also see the list of REMO countries here.

Daisnanc 11/09/2017 at 12:04 am

My daughter's father left us when she was 14 months old. He started a new life in Australia and has since got married. He has always paid 200 a month for his daughter. Throughout his absent years he has had next to none contact 2 days over Xmas and then limited Skype time (if and when he chooses) he has no contact with me what so ever any contact she has with him is through her paternal grandmother. The last 4 years he has refused to pay any more money for her i.e nursery fees swimming lessons birthday party's school uniforms. I simply get he doesn't want to. I was looking for some advice in regards to proceeding forward with csa and how this works with him being in Australia. I know he is paying bear minimal as he has a well paid job in Australia. Also he denied having children on his visa application. Tired of him dictating to me what he wants when I've been raising out daughter for 5 years single handely.

ChildSupportLaws Editor 01/09/2017 at 12:27 pm

If your ex has chosen to be the stay-at-home parent of his child and is not earning a wage, then you will be unable to make a claim from him directly (unless he has an income - including benefits). However, you cannot make a claim from his partner ( as the main earner), as she does not have parental responsibility of your child.

kt 31/08/2017 at 7:06 pm

If the father of your child has remarried and had a baby with them and is now the stay at home dad and his wife goes to work - can I claim child support from them as technically he has chosen to give up work and care for their child?

ChildSupportLaws Editor 10/08/2017 at 1:50 pm

Child access and child maintenance are not dependent upon each other and are completely separate issues. If your son's mother named your son as the child's father (regardless whether he is named on the birth certificate), then by law your son is repsonsible (as his son's biological father) to pay child maintenance to his ex towards his son's day-to-day care, regardless of whether he sees him or not. If your son wishes to gain access to his son and his ex refuses, then it is up to the courts to decide whether your son should see his child or not (if your son chooses to apply to court). This takes the decision making process out of the mother's hands. The court will decide what it thinks is in the child's best interests.

Mo 10/08/2017 at 2:01 am

My sons name is not on his baby's birth certificate his x partner put father unknown s why does my son have to pay child support he's not allowed to see her and has been paying child support for 5 years can he stop paying because of the above reasons Thankyou all this his heartb Thankyou

ChildSupportLaws Editor 07/08/2017 at 2:42 pm

Your son's dad has no rights if he hasn't seen him in a while and it is unlikely a court would allow him to take your son out of the country without your consent. You can either discuss between you whether your son's dad should have any specific level of contact, or allow your son's father to apply for mediation or through the court process if he chooses (he would have to apply for parental responsibility too if he wanted any specific rights). If that happens, first and foremost the court will always decide what it thinks is in the best interests of your son.

Bjo 06/08/2017 at 1:44 am

My sons dad just got in contact he hasnt seen him from he was a new born (hes 9 now) offered to help with child care payments and wants contact but lives in another country! What rights does he have? I dont want him taking my son out of the country..hes not on the birth certificate and chose not to have any contact all these years

ChildSupportLaws Editor 28/07/2017 at 2:58 pm

By law you are responsible for paying child maintenance to your ex for your children, regardless of whether you see your children or not. Your ex does not have to justify what she spends the money on. I'm afraid to say, your only option is to take the matter to court if you wish to seek access to your children. If you cannot afford the court fees, you can self litigate. Litigants in person must be treated equally before the law and have equal access to justice. Judges have a duty to ensure a fair trial by giving them due assistance to achieve this. I cannot comment on your ex's behaviour. If you go to court, the judge is only interested in what it thinks is in the best interests of your children and will make decisions based upon this.

Tony 27/07/2017 at 5:50 pm

Hi I'm a dad and I've been paying maintenance, I had a private arrangement with the ex, but in December asked the csa to take the money because I wouldn't go back. This woman has destroyed my life and destroyed my kids! Social services are involved the kids hate me because the mum makes up so much about me! She recently told them that she's dieing of cancer at the same time as telling them I'm having a baby! She's taken away parental rights and it's been over a year since seeing them. I'm getting to the point of giving up! But is there anything I can do about the maintenance as she doesn't spent on the kids it's about her drinking getting tattoos and spending on her!! What can I do? And please don't say go to court because I can't afford it!

ChildSupportLaws Editor 25/07/2017 at 3:13 pm

Much depends upon whether he has parental responsibility or not. If he has, then he still has certain rights, Regardless of whether he pays child maintenance or not, he still has these rights. However, he does not have rights to access or contact unless you agree. His option if you don't, would be to apply to court. But given the length of time he has been away from your son and the lack of contact, dependent upon the reasons why, the court would take this into consideration. Also, the court will always decide upon what it thinks is in your son's best interests and is unlikely to concede to unsupervised access after such a length of time. Your son's own opinion would also count, if he is over the age of 11.

Kelz 25/07/2017 at 6:14 am

Hi my sons biological dad hasn't seen him in 10 years or been in contact and has paid no money, does he have any rights? I have no idea where he is but I am always worried about this. Thanks in advance

ChildSupportLaws Editor 21/07/2017 at 12:44 pm

If your family member has the child and if the father does not want any parental 'rights' to the child, then he can obtain this by refusing to have his name on the birth certificate. This will mean he has no parental responsibility to the child. However, because he is the father of the child, the mother will still be able to claim child maintenance and the father will be, by law, obliged to pay until the child leaves full-time education.

Greybeard 20/07/2017 at 11:37 pm

A few weeks ago a family member got pregnant due to faulty contraception. She later discovered an internal hemorage whilst also finding out about the baby. After talking with the father they went to a clinic for an agreed abortion. Due to the hemorage she was advised to wait it out or go in for surgery.
Due to complications and health risks this didn't happen and the two agreed on seeing through the pregnancy and putting the child up for adoption.. she has now decided to raise the child herself.
The father has been consistently adamant that he does not ever want children and it has been agreed he doesnt want contact or his name on the birth certificate. In the eyes of the law where does he stand a) in the future if he changes his mind and b) financially?

ChildSupportLaws Editor 14/07/2017 at 2:31 pm

It is very rare parental responsibility is taken from a parent. You are eligible to claim child maintenance from him if he is the father of your children and has an income. If he does not see your children and has no access rights or contact arrangement in place, then as it stands currently he has very few rights.

Hannah 14/07/2017 at 8:03 am

Hi my ex has not been incontact to see the children for nearly 6 years now. Never paid a penny for them no maintenance nothing!! can have his rights taken away? He has been an absent parent for so long now through his own choice. The thought of him having any rights still makes me feel sick to the stomach. He is a stranger to my children an doesn't deserve any rights surely

A 13/06/2017 at 1:07 pm

I have had to pursue my Ex through REMO as he moved to Belgium and the CSA closed our case. He promised he would continue to pay maintenance as per our CSA agreement, however when it dropped to such a low amount I became suspicious and made the application to REMO to enforce the agreement he made originally. The court has agreed that he is not paying what he should (less then half) but are asking me to provide legal legislation regarding what happens when your child (16 gets a Saturday job) etc I don't know where to get the information from for them and the CSA are less then helpful. Where can I find the legal aspect to the CSA regulations?

ChildSupportLaws Editor 13/06/2017 at 11:52 am

Even if you are living under the same roof as your ex partner, you may be able to claim child maintenance from him via CMS if he will not help to support your children financially. You don't say whether you are married and/or living together as you may have a claim on the home you are living in, even if your ex owns it. I can only suggest you seek legal advice. However, there is little you can do regarding forcing your ex to physically play a greater part in your son's life.

Jean 12/06/2017 at 4:34 pm

My son is 6 years old.we still leave with his father has we are homeless. We got nowhere to go the council dismissed my homeless application a year ago. Now I'm stuck here at his home. Everyday is a livong hell for me. Im my son mother and father at the same time. My son father doesn't involved in his life even his living under the same roof. He doesn't give money for his son. He takes him to school when he please. My son goes to karate' on Mondays that every practice and grading is me not once .he goes swimming on Saturday again it's me. He doesn't know what going on in his son education. He doesn't when there parents evening activities sport day nothing .He son have to mentioned to him. Homework he does with him when he feel like it.. My son going to year 2 in September not once his dad have opened and sit with him into read.no holiday. Please advice what should I do?

Lil 25/05/2017 at 5:37 pm

If parents have shared parental responsibility who claims the child benefit and can I apply for working tax credit if I'm on a low income. I have my daughter for three nights a week

Zara161185 22/04/2017 at 6:40 pm

Can I get sole parental responsibility as a lone parent.my daughter is 12 in august.i split from her dad when she was 18months old.we went through court for him to get access at the time but he made a big scene and gave up.we had no contact from him for nearly 2years.he then suddenly made an application for contact when I started seeing my current partner(of 8years) the court battle latest nearly 2 years while they sorted it all out.he was granted 1 Saturday per fortnight.since that time he would regularly not turn up and generally cause a nuisance.until 18 months ago when he split from his wife,dumped her and the child they have together.he hasn't had contact with my daughter or his other daughter since January 2nd 2016.hes gone,moveed away and has nothing to do with any of us.doesnt pay any matinance.no contact at all.NOTHING.i want to apply to have sole responsibility.is it possible??

ChildSupportLaws Editor 04/04/2017 at 10:11 am

Yes, your ex can claim child maintenance if she has named you as the father. If you want parental responsibility for your son and your ex does not agree, then you can apply to court, If you wish to apply for contact, you can apply simultaneously via a C100 form, I hope this helps.

Jojo 03/04/2017 at 11:03 am

I have just split up with my girlfriend, we have a 1yr old son. I am not named on the birth certificate. We have always lived separately with my exe but I have always contributed 300 per month for my son's care. Since I have no parental responsibility can my exe claim maintenance and what do I need to do to get parental responsibility for my son?

Annie 01/04/2017 at 12:13 am

Can any one help me my ex has parental rights yet he lives in Devon I live Manchester my daughter has special needs and attends lots of appointment he's not been in contact and some times they need consent from both parents that have pr I've been asking him to sign his parental rights to makes things easy for me that I don't have to contact him he's moved on and not had contact for 7 years with my daughter his word he finds it un easy being around her ... if he doesn't have pr does that also mean he doesn't have to pay for my child

Ioana 09/03/2017 at 1:05 pm

Hi I have a 4 year old daughter the biological father is not around for more then one year because he doesn't make himself responsible for this child he didn't see the child like how we was playing just when he remembered that he have a child, just for few months he give around £20ore £30 a month for the little one but then he stopped give away money,when my daughter was at his house she did spend any time with him she was left with his family , after few arguments because of this behaviour I asked him why he didn't take his daughter to his place for a month and he said because he need to relax, I asked him when he will take her to his place and he said he doesn't know because he have a relationship to bild with his new girlfriend and he wants to leave life being free (even I knew his is off in the weekend) ,why he doesn't give any child support? And his answer was you know I have a car and that means he spends a lot for that car. Then he did assume any responsibility for this kid but he was making big arguments when I could not make video calls so he can see his daughter but he didn't mind seeing her in person for a month. After his family done something things to me I went at the mediation where said all my life since I started that relationship until the mediation, I don't know what lays he said ( but am sure he said many and also he cancelled the first session and he went out of the country with his family ) and he refused to fallow anything the mediation said is best for our daughter saying then only 4h better nothing and then demands DNA test saying that is not his child and asking for full child custody (I think that is the most crazy thing to say and demand,how to even think to take away a child from his mother and I was the only one against abortion?) after the last mediation trying to manipulate me again saying he will kill him self if I want to do anything legal so is better to do it like how he wants (that means a very big mess which is not good for a child at all and I was tired of that anyway) all what is saying is oooo he loves his child and she is first priority even he proved the opposite and he don't want to do anything part of blaming me for anything possible. So my question do I have a chance of getting full custody and not be forced to let my child around this person? I want my child to have the pace and education she have now.

Kel Editor 08/03/2017 at 12:47 pm

@Braxy - if you have parental responsibility you will be able to apply for benefits the same as a parent would. If the father cannot be found then it makes it difficult as he would be the person that would have to provide financial support :(

Braxy 07/03/2017 at 4:40 pm

My sister in law passed away in October. She has two children one over 18, and a 13 year old. The 13 year olds father is unkown, and not amed on the birth certificate. The children live with their grandmother , and have doen so since birth. My wife and I have applied for a parental responsibility order which will provide a legal framework around the 13 year old, but are concerned at the additional financial pressures that we will now be under.The gran is receiving child tax credits for basic food , housing , heating etc, but it is the schooling, clothing , school trips etc that are worrying us. Any advice appreciated

sully 04/03/2017 at 3:15 pm

I got a letter saying my legal responsibility to pay child suport through csa for my 11 yr old daughter as ended.Why is this ?

Bek 04/03/2017 at 10:18 am

My sons father was sent to prison for a few weeks for domestic violence my son was 6 weeks old , my sons father told me to " give the kid away" " don't tell the kid my name etc " he's never bothered or provided for him, I've had my sons name legally changed to my surname , he doesn't no what my son looks like etc my son is also autistic , I live in hiding , I keep off social media , I try keep away from everything not to draw attention to my son because his fathers a monster and shouldn't be around my son , I need to start living and enjoying my son not living in fear I might have a letter thro the door to say he wants to see him after so many years etc , what can I do ? How do I remove him from the birth cirt and his rights as a father , there's lots more factors but it's too much to put on here I was also classed as high risk marac ( at risk of homicide or serious injury ) with police and women's aid , I don't want him to control my life anymore I need to start showing off my son and enjoying life :)

ChildSupportLaws Editor 01/03/2017 at 11:12 am

Once your family member's daughter reaches 18, she can be asked to leave regardless of whether she is in full-time education. However, if she is in full-time education and the youth moves in with another adult, the new primary carer can claim child maintenance from the mother and father. If the daughter is asked to leave before she is 18, then technically the parent(s) could be prosecuted for child neglect. On another note, if the daughter is injesting non-food substances then she should visit her GP. Pica is an eating disorder in which an individual has an appetite and is drawn to eating, non-nutritive substances such as chalk, sand, plaster and more and because of this, it can lead to a variety of health concerns.

Mary 28/02/2017 at 11:51 am

Hi, there's a family member who is trying to throw her daughter out and her daughter is 17 and in full time education. She has been picking the walls and injesting. Instead of seeking help for her daughter the Mother is trying to get rid of her. We know that legally she can't do this till she's 18 but what we'd like to know is if she still has the same parental reponsability when her daughter turns 18 and is still in full time education? Can she just literally say get out. Thankyou

ChildSupportLaws Editor 24/02/2017 at 10:34 am

You would have to seek legal advice regarding this asap. In order to be able to care for your step-son you would have to have parental responsibility, please see gov.uk whichHowever, whether you would be allowed to apply for this if the mother does not consent and you and the mother are separated it a tricky process. Much depends upon the circumstances, therefore talking to a family law adviser will help to explore if you have any options, whether this is paid for or via the likes of the Citizens Advice Bureau who will give advice for free.

scottie 23/02/2017 at 9:20 am

Hi, I have a four year old step son who I have been in his life since birth, the real dad has not seen him or sent anything to him since he was told when my ex partner found out he wasn't mine. The real dad is not on the birth certificate. There has been problems with my sons mom and I have had social services put him in my care but now wanting to take him away as im not real dad, can anyone help?

Nataliek26x 22/02/2017 at 9:09 pm

Hi I'm in the process of applying for legal aid to remove my sons real fathers pr long story short decided not to come back for contact 2 and a half years ago never sent bday or Xmas card either he knows my address my new partner gained pr in December we have been together for 5 and half years my son calls him dad and states Ryan duffy(his real dad) is not his dad my ex now has a wee girl and he takes her over nights takes her out but don't bother with Ryan jnr not like we care anymore my sons name on his birth certificate is duffy I signed a statory declaration in 2015 and his name is now my surname but not on birth am I going to struggle in court removing his rights? Thanks any advice would be appreciated x

Paulii12 28/01/2017 at 10:54 pm

Hello there, I have a three year old daughter born 2013 whos father is stated on the birth certificate but is absent from her life (no birthday visits, no christmas cards and no child maintenance) (tried contacting him through letters to the last address i had from him -no reply or answer) Unfortunately I have given her his surname which is not to my favour as whenever travelling I am questioned whos child this is.. in my opinion why should she carry his surname if he hasnt been to see her for nearly four years. What are my chances that the court will give me permission to change her surname without his permission as I am unaware of his whereabouts. Thank you.

ChildSupportLaws Editor 20/01/2017 at 10:27 am

If you have a residence order, then this determines who your child lives with. It is highly unlikely a judge would take your child from you and hand her over to the non-resident parent. The court will always decide on what is in the best interests of your child and consistency and stability are considered the most important factors to consider in a child's life, and as a rule any disruption to the child's home routine is to be avoided, unless absolutely necessary. If your ex thinks you are going to leave the country with your child for good, then his option would be to apply for a Prohibited Steps Order, not 'custody'. A Prohibited Steps Order (PSO) is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the country or area with their children. For example, if the court finds that there are grounds to suspect the parent in question may take their child out of the country, then they may specify in the order that they do not do so, or are ordered to bring the child back. Any failure to comply with the order is seen as a criminal offence (often charged as kidnapping) and could result in a custodial sentence. If you wanted to take your child out of the country to live, you would have to apply to the courts (who will consider whether it is in your child's best interests to leave the UK for good). The fact your ex has PR, makes no difference as to whether his name is on the birth certificate or not i.e; he has no more or no less a say in your child's welfare. Likewise, the court will not force you to change your daughter's surname to his. To reassure you, the court is not there to punish you, but it is there to help justify whether the father (as the child's equal biological parent) has a say and integral role in the upbringing of his child. I hope this helps.

Pinny 19/01/2017 at 7:04 am

I have a 1 year old girl with my ex, he is not on the birth certificate but has PR, it is confirmed he can have supervised contact which will commence soon, he is trying to get his name on the birth certificate and double barrel her name to include his surname, I worry that by being on the birth certificate he will obtain more control and he has threatened verbally to take her off me and go for full custody before, I'm concerned the court next week will allow his details on the birth certificate and this will course no end of grief, I applied for a passport for my daughter which he has now told a judge that I am going to abduct my child to India, which is untrue I plan to go on a 2 week holiday in April she lives with me it is in writing

Mummy 05/01/2017 at 9:13 pm

Ive heard that if a parent refuses to pay maintenance for their child for a period of time, they can lose pr is this correct? If so how long do they have to refuse to pay for? My baby dad refuses to pay, has made no attempt to contact the children, only to use them to continue to bully me, and cause me problems. If it is true and he loses pr can I change there name and have them adopted by my new partner, who I intend to marry this yr and have another child to?

ChildSupportLaws Editor 04/01/2017 at 12:58 pm

If a step-parent wants to obtain Parental Responsibility for his or her step-child, all those with Parental Responsibility have to consent (which includes your ex). If he agrees, this will not take Parental Responsibility away from your ex and he will still have to pay child maintenance. If you are concerned about what may happen to your child should anything happen to you, then you can write a legal guardianship request into your will. However, if your ex disagreed with your choice of guardian, he could bring a legal case to change the person who has guardianship. For this reason, it is vital to discuss the decision with anyone who does have an interest in your son’s welfare to ensure that there is no disagreement if guardianship becomes necessary. If such a case was brought, the court would consider what was best for the child and reach a decision about whether the person you appointed, or someone else, is the appropriate person to look after your son. However, if your son has been looked after long term by his stepfather, a judge would take this very much into consideration and would be unlikely to request a change to your son's lifestyle. I hope this helps.

Mishmash 03/01/2017 at 4:54 pm

Hi there, messaging here from the UK. I have a son who was born before Dec 2003 so even though his father is on the birth certificate he doesn't have parental rights (thankfully as his parenting decisions are often for his own benefit and not the child's). He pays maintenance which the CMS have instructed him to do so.
My question is- if my husband (my son's stepfather) was to gain PR of my son would my son's father then not have to pay maintenance anymore?
I know with adoption the child wouldn't receive any maintenance and would no longer have any rights to any inheritance later on, however PR would make our unit more secure and I'm thinking if in the future anything was to happen to me, I'd want my son to live with his step-father and not his father.
I'm confused, if anyone has any answers that'd be great.

ChildSupportLaws Editor 23/12/2016 at 11:18 am

Yes, your child's father does still have parental rights. However, if your ex has not seen your child for a year, then he would have to take the matter back to mediation or court for access, if you refuse.

Lemon_123 22/12/2016 at 7:53 pm

Hi, I have a 2 year old son. Myself and his father both went to court for around 17/18 months as he applied for a child arrangements order. His case got dismissed back in April 2016, I also have a residence order. However the last time he saw his son was October 2015 and so it has been over a year since he saw him. He is still on the birth certificate but does he still have parental rights?

ChildSupportLaws Editor 20/12/2016 at 11:52 am

Please see gov.uk link here regarding Reciprocal Enforcement of Maintenance Orders which should help you further.

Beth 19/12/2016 at 9:43 pm

I live in the USA, my husband moved back to England and is working. My housing is getting ready to throw me and our children out because we can't pay rent. We are in a desperate situation. He has been away from us for two years and refuses to give any support. He registered with the child support office 5 - 6 months ago in my home town but has not sent any money.
How do I enforce child support on him. I don't have money for rent much less an international lawyer.
Please help.

Mrs P 21/11/2016 at 4:06 pm

Hi
I have 2 children with my ex partner. Getting maintenance payments out of him each week is hard and he refuses to pay more that he believes is fair. He has them for less than 12 hours a week andHe very rarely has them over night either. My new partner is now moving in with us, and because my ex isn't happy about this, he said is won't be paying my maintenance anymore as it is upto him how he supports his children as he is the one that earns the money. He said he will only pay for their clubs etc.
Where do I stand?? I know he would lie about his earnings to the csa - despite me having a text message with his earnings on.

ChildSupportLaws Editor 27/09/2016 at 12:24 pm

You have a right to take the matter to court if your ex insists on this as you are not legally obliged to pay more than the required amount. Some resident parents will stop overnight stays so they can claim more child maintenance as the amount you pay is reduced on the amount of overnight stays you have (if she takes the matter to the CMS it will be calculated via earnings and overnight stays). If your ex has put this in writing i.e text, then make sure you keep this as it will provide evidence your ex is stopping access for financial gain. If your ex decides to stop access, you should apply immediately to court for access to be re-instated. If an access order is put in place, your ex will have to adhere to this.

Worried 26/09/2016 at 4:23 pm

I have voluntarily paid the full CSA recommended payment every month and for 5 years have had access to my daughter 2 nights a week ...
My name is on the birth certificate Now the mother says unless I pay more she will stop my daughter staying with me
What access rights do I have

ChildSupportLaws Editor 15/09/2016 at 11:49 am

Yes, he still has parental responsibility rights if he is named on the birth certificate. You would need to seek legal advice to see whether you may have a case to have these revoked. However, it is unusual for a court to take away PR once instated.

jsmyth95 14/09/2016 at 4:59 pm

Hi, I have a daughter at 5 years old, father left when daughter was 3 months. He is on the birth ceritificate but has never paid child maintenance, never made an effort to see her, as have none of his family. I dont know where he or any of his family are now. Does he still have rights? can i revoke these in anyway?? We are from Scotland.

Debi 12/07/2016 at 5:55 pm

My husband left when my son was 14 - he paid an agreed maintenance sum for 18mths then stopped. I went without any financial support from him for a year before I went to the csa. I was granted £15 a week (he is self employed/enjoys a comfortable lifestyle but lies about his income on his tax returns)
My son has recently turned 18 and my husband is now taking me to court demanding 50% of the family home which has been shared by myself and my son for 2.5 years. My husband lives in our second property (with considerably much less equity)
My son is now on an apprenticeship and as such is on a lowish wage and will almost certainly be living with me for at least the next 5 years.
Will the courts take into consideration the fact that I have been my sons primary emotional/financial cater when my husband is requesting a 50/50 split.
I have tried to resolve the situation with my husband in the past - by offering him the financial figure he's asked of me - in each case he's stalled and I've lost the mortgage offer I've secured. I am now longer in a position to buy him out financially due to the reduced hours I've had to work (being the primary carer and the financial provider) over the years I've had less and less money and am now no longer to get a mortgage for the figure he's asking for.
Do I have a chance in court ? Will they take into consideration the circumstances my husband left myself and son in.

Mouseyd3 17/06/2016 at 12:16 am

If a step parent has parental responsibility but the father no longer sees his child is the father still permitted to pay csa? Surely if the step parent has applied for parental responsibility it would seek logical that they financially contribute so surely this should be taken into account for csa payments?

charli 28/03/2016 at 10:21 am

Hello. My son's father hasn't had contact with my son for 3 years I have no way of contacting him he has moved and changed jobs. I was wondering if parental responsibility could be taken away from him?

Twinmumma 19/03/2016 at 2:55 pm

Hi. I have 3 children with my ex husband and 2 children with my current husband, as he is the 3 older one step father we are trying to get parental responsibility for him just in case they need the hospital and I'm not around or anything happens to me. My ex-husband hasn't seen his kids for 4 years now, so he is an absent father. On looking at the form that we need to fill in for my husband to have PR it says we need the signature of my 3 childrens biological dad, he is on their birth certificates but has no contact with them. What I want to know is do I really need to get him to sign it? he has completely disowned the children and even disowned his own mother because she still has contact with my children. Is there anyway we can still get my husband PR for the 3 older children without their biological fathers signature, if so how?

Nlw93 07/03/2016 at 11:29 pm

Hi. My daughters father has been absent for almost two years after he was violent towards me and threatened to kidnap my daughter and take me to court for access to her. He makes our lives very difficult and his violent behaviour has forced us to move house three times since December 2014! Every time we get settled in a new home he finds us and makes our life hell because he believes that because he is on my daughters birth certificate he can do whatever he wants! He's not interested in my child and he does not try to have any real contact with her or even try to act like a father. My question is that just because he is on the birth certificate, does this give him automatic rights to her and if he took me to court over her, just because he's selfish and it's something he would do, would he be allowed any visiting rights? I truly believe this man is a danger to me and my daughter and I'm going out of my mind with him always threatening things.

ChildSupportLaws Editor 02/03/2016 at 11:10 am

Every parent has the basic responsibility to provide for their child up until the age of 16, when they are legally allowed to leave school and get a job. After this age, it depends what your child chooses to do. If they continue in full-time non-advanced education, not higher than A-level equivalent, for at least 12 hours a week, then your maintenance payments will continue until your child finishes further education. There are certain higher education courses, such as apprenticeships, that do not count as full-time education, so you would need to check. However, the ending of child maintenance payments usually falls in line with the ending of child benefit.

Jan 01/03/2016 at 11:21 am

Is my sons father still legally financial responsible until he's 19 .

Sam 12/02/2016 at 2:25 am

Hi, my child's biological father is named on the birth certificate but has had no contact with our child for 9 years and has never paid child support. We don't know where he lives or if he is in this country or even still alive. When we was still together he was violent towards me and had a criminal history, would I need his consent for my husband to adopt our child? Any advice would be greatly appreciated.

ChildSupportLaws Editor 08/02/2016 at 2:39 pm

Yes, you would be able to take this to court - please see gov.uk which

Headsamess 08/02/2016 at 9:33 am

My son is four years old and hasn't seen his father from he was 6 months old. He does pay child maintenance as it is arrested from his wage. He was stopped, by child protection, seeing my son and told he had to take me to court due to the circumstances he has never exercised that right. What would happen if he refused my partner the right to adopt, can my partner and myself fight this in court ?

ChildSupportLaws Editor 08/01/2016 at 2:22 pm

Please see gov.uk link here which will answer your question in full.

Helen23 07/01/2016 at 11:30 pm

Hi, my child's biological father is not named on the birth certificate as he is not in the country any longer. He has to pay child support which was ordered by a different country after a Paternity test was done. I am marrying my partner and would like to put a parental responsibility order in place for my partner when we are married, do I have to get my exes consent? He's never seen my son or had any interest in seeing him. Thank you

ChildSupportLaws Editor 15/12/2015 at 11:40 am

I assume your ex-husband has parental responsibility and therefore will have a say in the decision making process. This does include decisions of a religious nature. You might want to have a chat to your church, it might be that you could have a blessing in the meantime. If you do not wish to wait to get your children baptised, then you may be able to apply for a Specific Issue Order through the courts. Specific Issue Orders, much like the name suggests, are orders sought from the family court to determine a particular matter in connection with the exercise of parental responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on, I hope this helps.

taxi 12/12/2015 at 6:53 pm

My ex husband has stopped paying his child support because he said he didn't want to do his job anymore. When I challenged him about this he became verbally aggressive and is now telling me I can not get the children baptised as planned even though the children want this. Can he legally stop me doing this. Someone please help

ChildSupportLaws Editor 23/11/2015 at 2:20 pm

As he is the biological father, this should not impact on your child support. You could apply for a Specific Issue Order should you wish to take your child away. Specific Issue Orders, much like the name suggests, are orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on such as taking your child abroad. Also, you can take a child abroad for 28 days without the permission of anyone else with parental responsibility for the child if you have a child arrangements order, please see gov.uk whichI hope this helps.

Liefling15 23/11/2015 at 3:06 am

My ex is paying regular maintenance since earnings deduction order was issued, no contact with the child for last 7 years as his own choice. He refuses to agree to a divorce and does not let me get a passport for a child for no reason. I'm going to get a no consent divorce next year and I'm considering taking away his parental rights through the court as he makes my sons life difficult. Will that result in cease of child maintenance?

ChildSupportLaws Editor 10/07/2015 at 2:30 pm

@L - we respond to the comments - however, we cannot respond to them all, as we get a lot of postings across our different sites. We also encourage our readers to give each other advice and support by interacting on the page.

L 09/07/2015 at 5:06 am

Do people respond to the comments or is it just a rant for parents.

limbeet 09/07/2015 at 4:59 am

I put in for cm last April 2014, plan of payments was put down for a monthly sum paid on 23rd June and so on. Non payment made. Pushed to arrears following month July no payment this went on till a D.O.E order was server on the 28th Dec. Yeah so ex was making it impossible to pay for our kids. Order served EMPLOYER duty to take and January came payday.... no payment made. Informed ex no lo get works for them no more.... told then in February 2015 it'll be 12 weeks before we get updated of HMR . So hole process started again. Problem was ex worked self employed to avoid tax. So he just kept putting his company into liquidation and starting whole new company. Although he is and was contracted and directed by a firm above him.... yeah I no loopholes!! Best of this is he finally agrees in April to pay me 40 per week for are 2 kids who I have full care of. I had no choice to accept because the calculation made by maintenance is of his income tax which is a minimal declaration of earnings for tax reasons. Then pays himself out of buisness profits I.e. dividends..... He earns a minimum of 800 a week declares 167 as income tax and the other 663 keeps in pocket. Ow and I am entitled to £11:25 per child per week so that's a whole £22:50 so the offer of £40 a week was a much better offer. Still a kick in the teeth because he owes me plenty in arrears but I have to take it or leave it and that's basically as far as I got with the advisers in child maintenance... justify this please somebody.

mrStTesSED 25/06/2015 at 5:21 pm

Im the so called absent father who has my child 2 nights a week and a full day and receive no benefits but pay my childs mother CSA for everyday he is in her care. I work full time and the childs mother dosnt. Now Nursery is stopped due to sumner time she is saying I have to pay for him to go to summer nursery if i want to go to work because she is not sacrificing her freedom, she wants 2 days off like we agreed. Who can i speak to for help? Ive rang CAB, Child Law etc etc. She says if i dont have my child the 2 days she says she will just leave him on my doorstep. I have to go to work and have no other person to care for him, there is no joint custody she is down and claims everything under a sole carer/single mother

ChildSupportLaws Editor 19/05/2015 at 11:35 am

@Emily - I'm afraid not, child support would have been claimed by, and paid to your mother to help with your daily needs until you were 16 or 18. If you father's name is not on the birth certificate and your mother never made a claim, then there is nothing you can do.

Emily 15/05/2015 at 2:19 pm

I am 27years old and I have never had a relationship with my father(came in and out of my life)
He has never paid any child support for me.
I was a secret child until I was 19.
There was never a court order for payments and he is not on birth certificate although he has never denied I was his.
I have phoned csa and child support and they said they can't help as I am over 20years old.
Can I get the child support owed???
Many thanks

ChildSupportLaws Editor 08/05/2015 at 10:18 am

@sal - I'm afraid we can't possibly predict this. However, Cafcass are likely to get involved and compile a report, see link: What Goes into the Cafcass Family Report? whichAs specified in the article; of course, they’ll also want to interview any children involved, as long as they’re old enough. Part of the responsibility of the court is to take the wishes of the children into account where possible, although that doesn’t mean that will necessarily happen. It’s vital that the reporter remains neutral with the child and doesn’t ask him or her to take sides. I hope this helps.

sal 07/05/2015 at 12:22 pm

Hi, I wonder if anyone can help me. My daughter is 13 yrs old, she has had no contact with her biological father since she was 5 months old and he has not tried to contact us till the other day. He used to be abusive and just a nasty guy and was arrested multiple times for not leaving me alone and now all of a sudden he is interested in my daughter. She doesn't want anything to do with him and I don't want him in our lives, if he was to go to court what are his chances of getting visits or even shared custody?

Shorty 06/08/2014 at 1:47 am

Hi, can enyone help, ive been having problems with my ex since starting divorce when he should bring my son home, my txts and calls are ignored by him and his mother so i txted to say i was fetching my son. I got there to be told my son doesnt want to go with me and they not making him do it. My ex and his parents spoil my son and is brainwashed with presents of all kinds just to keep him there, if my son asked for a zebra if it was possible they would buy him 2 just to keep him away from me, ive seeing my solicitor in morning but not sure what to expect worse feeling that im losing my son. Theres no orders in place at moment but wonderd if enyone been through something simular has im dying inside not knowing.

shel 30/03/2014 at 1:36 pm

Hi. I have my 2 kids every weekend, Friday til Sunday night, apart from first weekend of every month. I also have them half of all school holidays. I take them out, buy their food and clothes for my house and im still paying their dad £30 a week. Is this fair? Also, small decisions such as my daughter having a tooth pulled out and I said she can have rest of day off school with me, her dad says he's the main parent so up to him and she has to go to school. My daughter is 12. Does he have the right to do that?

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