Order Father Child Without Mother's Consent
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FAQ
Who doesn't require leave of the Court to apply? Any parent of the child is automatically entitled to apply for a Child Arrangements Order, whether or not they have Parental Responsibility for the child. Any guardian or special guardian of the child can also apply.
Under Section 8 of the Children Act 1989, only parents or guardians deemed to have parental responsibility are allowed to apply for a Child Arrangement Order without first seeking the permission of the Court.
Given the fact that a father can lose custody, people often wonder if a mother can legally keep her child away from the father. The short answer to this question is that without a court order, a mother alone cannot legally keep the child away from the father.
Making child arrangementsYou'll need to agree which parent they'll live with and how much time they'll spend with the other parent. In many cases, children remain with the parent who has played the most significant role in looking after them. This is often, but not always, in the family home.
If a father is not named on the birth certificate, they have no legal rights regarding their child. However, the father can enter into a Parental Responsibility Agreement with the mother, which would give the father the same rights as the mother, or the father can apply to court for a Parental Responsibility Order.