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Fathers’ rights get a boost
13.11.2009
Historically, fathers have not always been able to have the full legal rights available to them. Mothers automatically acquire all these rights by virtue of their having given birth to the child.
‘Parental Responsibility’ is the legal right afforded to fathers who are either married to the mother or who are able to place their name on the birth certificate at registration. However this has not been the case for very long and many fathers still find themselves in a position (without realising) where they have no real say in what happens to their child.
7% of births each year in England & Wales (45,000) are still registered without the father’s name being placed on the register. This has a massive effect on the father and his rights. The reason for the omission might be one of many, but invariably the father will want the rights that being on the certificate affords him, especially so when the parents do not live together. Knowing about a child’s admission to hospital, progress at school or being informed if they have been a victim of crime - these are the things that most fathers take for granted but that a significant minority can be left totally in the dark about.
Dawn Primarolo, Children’s Minister this week launched a consultation on her proposed Bill, designed to ensure that in all cases father’s names are registered on the birth certificate. Of course sometimes this will not be appropriate but where there is no proper reason not to, the father’s name will be registered.
The aim, is for as many fathers to gain the full rights possible and thereby promote responsibility and avoid mothers shutting out fathers.
"We want to move away from a separated partner becoming the 'invisible parent' in a child's life and through registering at this key milestone in their child's life both parents can make a long-term commitment to the child.” said the Minister.
The Regulations are on track to come into force in January 2011. Until then and for those who already have children, but are unmarried, there can still be a stone wall in the way of asserting the rights of the father.
The fact that a father does not have the rights, for whatever reason, does not mean that he his beyond help. There are solutions available to enable him to contribute fully to his child’s upbringing. Where the mother is hostile, for whatever reason, the father can still contribute fully and where necessary this will be supported by the Courts.
Fathers who are in doubt should seek legal advice and avoid letting time slip away. Children need both parents where they are willing and able to contribute to their lives. This will always be the Court’s priority. The Family Department at Sanders Witherspoon LLP is specialised in this area and can assist pragmatically and supportively.
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