I met my current estranged wife when she had a baby girl of only 3 weeks,She gets maintenance from the biological father but he doesn't want to see her but the grand parents do.My name is on the birth certificate as the child's father and she has only ever known me as her dad.She is now 3 years old and has a little brother of 2 years old who biologically is mine.Now we have separated I have a contact order which says I get both kids overnight one night per week and a few hours on a Sunday.The problem is she won't give me parental rightsfor her but I am currently going through he legal route.Can you tell me where I stand.

Hmmm... How your name was added to her BC?
Which state?

Sorry the mother wanted me on birth certificate,I am from Scotland UK by the way so you might not be able to help me.

In my knowledge your name may be on the child's BC but if you have never signed with the mother "A Parental Responsibilities and Rights Agreement" you will have no rights

According to the Scottish Family Law Act/2006/,a father of a child only has parental responsibilities and rights in relation to a child if:


• he was married to the child’s mother
at the time of a child’s conception or
subsequently;
• on or after 4 May 2006 he is registered
As the father of a child;
• he is given them by a court order under
Section 11 of the Children (Scotland) Act
1995; or
• he is given them under section 4(1) of
The Children (Scotland) Act 1995 by
Way of a Parental Responsibilities and
Parental Rights Agreement

Honestly-I know nothing about the Court practice in Scotland.

Im fairly certain that if you are named as the father on the child's BC then you have all the rights as being her Father, biological or not, if you were added as the father, did you give consent and go with her to register the Birth,

This could prove tricky because as far as I know if you register a child and its not the biological father on there, that is a criminal offence, as in falsifying a legal document.

As you have since married the mother, and the court has made an order for you to have the children over night then by rights she cannot stop you, if you aren't getting that access you can go to social services and ask to have them supervise the access, this means they'll collect the children and return them to the mother at appointed time after you've had access, or go back to your solicitor and ask him to take it back to the courts, and to have an enforcement added so that she complies, if you have a court order she has to comply or be in contempt of court. Don't argue with her over it, go the lawful way.

Ill double check this later and let you know if this information is correct. Im 95% sure it is though.

Ive done some checking online and I have gathered up some useful addresses and links you can use to find out more about this, I must however stress that you do need to get legal advice about these matters. ASAP

National Association of Child Contact Centres

Minerva House, Spaniel Row, Nottingham, NG1 6EP
Tel: 0845 4500 280 / 0115 948 4557

Gingerbread

307 Borough High Street, London, SE1 1JH
Tel: 020 7403 9500

Grandparents Federation

Moot House, The Stow, Harlow, Essex CM20 3AG
Tel: 01279 428040, Helpline: 01279 444964

Children Need Grandparents

2 Surrey Way, Laindon West, Basildon, Essex SS15 6PS
Tel: 01268 414 607

National Association for Child Support Action (NACSA)

PO Box 3159, Fishermead, Milton Keynes MK6 2YB
Tel: 01908 665 646

M.A.L.E. (male victims of domestic violence)

P.O. Box 402, Sutton, Surrey, SM1 3TG
Tel: 020 8644 9914


Accuracy About Abuse (denial and over-exaggeration)

PO Box 3125, London NW3 5QB
Tel: 020 7431 5339

Child Rescue (social worker excesses)

89 Upper Lewes Road, Brighton BN2 3FF
Tel: 01273 692 947

NCCASS (social worker excesses)

Tel: 01273 692 947 or 01273 725 144

One Parent Families Scotland

13 Gayfield Square, Edinburgh EH1 3NX
Tel: 0131 556 3899 / 4563

Parentline Plus (FamilyLives)

Endway House, Endway, Hadleigh, Essex SS7 2AN
Tel: 01702 559 900

National Family Mediation

9 Tavistock Place, London WC1H 9SN
Tel: 020 7383 5993

Family Mediators Association

46 Grosvenor Gardens, London SW1W 0EB
Tel: 020 7881 9400

UK College of Family Mediators

24-32 Stephenson Way, London NW1 2HX
Tel: 020 7391 9162
Legal Aid Board

85 Grays Inn Road, London WC1X 8AA
Tel: 020 7813 1000

Association of Lawyers for Children

Jeremy Barley, Ronald Prior and Co,
163-165 Hoe Street, Walthamstow, London E17 3AL
Tel: 020 8520 8632

Resolution (Formally the 'Solicitors Family Law Association')

PO Box 302, Orpington, Kent BR6 8QX
Tel: 01689 820272

Family Law Bar Association (FLBA)

4 Paper Buildings, Temple, London EC47 7EX
Tel: 020 7583 0497

The Law Society

50 Chancery Lane, London WC2A 1SX
Tel: 020 7320 5814

The Bar Council, Professional Conduct Committee

3 Bedford Row, London WC1R 4DB
Tel: 020 7242 0082

Legal Services Ombudsman

22 Oxford Court, Manchester M2 3WQ
Tel: 0161 236 9532

Children's Legal Centre

University of Essex, Wivenhoe Park, Colchester CO4 3SQ
Tel: 01206 872 466 Advice line (2-5pm) 0845 456 6811

IRCHIN (Independent Representation of Children in Need)

Judith Timms, Director, 23a Hawthorne Drive, Heswall, Wirral, Merseyside L61 6UP
Tel: 0151 342 7852

Justice (law reform and human rights group)

11/12 Bouverie Street, London EC4Y 8BS
Tel: 020 7353 5055

Article 19 (human rights)

90 Borough High Street, London SE1 1NL
Tel: 020 7403 4822 / 020 7357 6531

Families need fathers (http://www.fnf.org.uk/publications-and-policy/factsheets-and-guides/useful-addresses)

F.A.C.T. Information: Parental Alienation Information (http://www.fact.on.ca/Info/info_pas.htm)

Parental Alienation (PA) refers to a situation in which a resident parent (usually but not exclusively) turns their child against the non-resident parent, intentionally or unintentionally, resulting in the child's supposed desire to reject all contact with that parent. There is still much debate among medical and psychological experts as to whether this behaviour pattern constitutes a syndrome, often referred to as Parental Alienation Syndrome (PAS) which was initially described by Dr Richard Gardner (Gardner, R. A (1989), Recommendations for Dealing with Parents who induce a Parental Alienation Syndrome in their children, Journal of Divorce & Remarriage, 28 (3/4): 1-23).

You may well find useful information in books and articles about PA and PAS but we advise that you do not use the term PAS in court proceedings as your arguments regarding what has happened to your children may become sidetracked into barren arguments about the use of the word Syndrome. Syndrome is a term used by medical practitioners, and usually implies a diagnosis.


In practice however poisoning against one parent does occur, and is a genuine problem which goes strongly against a child's best interests. This effect is being increasingly recognised in the Family Courts in the UK, which is encouraging.


The question “why should children who were initially close to both parents suddenly seek to reject one of them” (Journal of Parental Alienation, Vol. 2 No 2- March/April 2006; Dr. L. F Lowenstein) is often raised at the beginning of a Family Court case. The child is 'programmed' by the alienating parent against the other, and is used as a tool in the process of exclusion of an ex-partner, thereby emotionally harming the child by depriving them of a good parent.


Judges, CAFCASS staff, social workers, and others often fail to recognise parental alienation as a genuine case of significant emotional abuse, and these children may lose a loved and loving parent for a long time or sometimes permanently. This situation is often referred to in UK courts as 'implacable hostility' caused by the 'controlling' parent subjecting the child to this form of emotional abuse. This can have devastating life-long effects for the children, excluded parent, grandparents and the child's other parent.