How Can a Biological Father Get More Time with Child Due to Mother’s New Partner’s Violent Police Records? (UK)

Question from John, How Can a Biological Father Get More Time with Child Due to Mother’s New Partner’s Violent Police Records? (UK)

Answer from AI:

If you are a biological father in the UK and are concerned about your child’s safety due to the mother’s new partner’s violent police records, you may be able to seek more time with your child or even change the current custody arrangements. Here’s a general guide on how to proceed:

Understanding Parental Responsibility

In the UK, parental responsibility refers to the legal rights, duties, powers, responsibilities, and authority a parent has for a child. If you have parental responsibility, you have a say in important decisions about your child’s life.

• If you were married to the mother at the time of the child’s birth, you automatically have parental responsibility.
• If you were not married, you can acquire parental responsibility by being named on the birth certificate (for children born after December 1, 2003), through a parental responsibility agreement with the mother, or by obtaining a parental responsibility order from the court.

Steps to Take if Concerned About Child’s Safety

If you believe your child’s safety is at risk due to the mother’s new partner, you can take the following steps:

1. Gather Evidence: Collect any evidence that supports your concerns, such as police records, witness statements, or any other relevant documentation.
2. Seek Legal Advice: Consult with a family law solicitor to understand your options and the best course of action. They can provide personalized advice based on your specific circumstances.
3. Apply for a Child Arrangements Order: You can apply to the family court for a Child Arrangements Order, which will determine where the child lives and how much time they spend with each parent. The court will consider the child’s best interests, including their safety and welfare.

Applying for a Child Arrangements Order

To apply for a Child Arrangements Order, follow these steps:

1. Complete the Application Form: Fill out the C100 form, which is used to apply for a Child Arrangements Order. You can find the form on the UK Government website.
2. Submit the Form: Submit the completed form to your local family court. There is a fee for submitting the application, but you may be eligible for help with court fees if you are on a low income.
3. Attend a Mediation Information and Assessment Meeting (MIAM): Before your case goes to court, you will usually need to attend a MIAM to see if mediation could resolve the issue. There are exceptions, such as cases involving domestic violence.
4. Attend Court Hearings: If mediation is not suitable or successful, your case will go to court. Be prepared to present your evidence and explain why you believe the current arrangements are not in the child’s best interests.

When to Seek Legal Advice

It is crucial to seek legal advice if you are unsure about any part of the process or if your case involves complex issues, such as allegations of domestic violence. A family law solicitor can provide guidance and represent you in court if necessary.

Resources and Support

For more information and support, consider the following resources:

• Cafcass (Children and Family Court Advisory and Support Service) – Provides information and support for families involved in family court proceedings.
• Citizens Advice – Offers advice on child arrangements and other family law matters.

Remember, the court’s primary concern is the child’s welfare. If you believe your child’s safety is at risk, taking legal action may be necessary to ensure their well-being. Always consult with a legal professional for personalized advice tailored to your situation.