I'm not on my child's birth certificate but I am the father!

Where do I stand with parental responsibility?

When entering the care proceedings process father’s that are not registered on their child’s birth certificate or have not acquired parental responsibility via other means for example a parental responsibility order do not become an automatic party to proceedings. They are entitled to be served notice of proceedings which alerts them to the existence of the proceedings to include the date of the hearing and they can then make an application for party status.

For fathers to obtain party status to be involved in their child’s care proceedings they must make an application to the Court. This may be determined at the initial hearing. Provided there is no dispute in regard to paternity it is likely that the father will be made a party. If there is doubt whether he is the father, DNA testing would likely be sought to confirm.

There has been recent case law Re S (a child) [2023] CIV 706, that clarifies the confusion around father’s not being made an automatic party to proceedings. The judgement confirms that fathers without parental responsibility hold a more desirable advantage than other circumstances of people wishing to be joined to proceedings.

In the case of Re S, S’s father made an application to be made party to proceedings. All other parties opposed this application and the Judge endorsed that position refusing the father’s application. The father appealed this decision and his case was brought before the Court of Appeal.

The appeal by the father was successful and as a result he was joined as a party to the proceedings. It was felt decisions about his participation and disclosure could be dealt with by the Court but this should not jeopardise his ability to be involved in proceedings. The Court had made it clear that the Judge has a wide discretion in deciding what could amount to a ‘justifiable reason’ to exclude fathers without parental responsibility from care proceedings. It is now expected that a risk to another party does not amount to such a reason. It is now deemed that this risk can be managed with special measures. Any judgment which does not explicitly consider proportionality and the Court’s wide ranging case management powers will certainly be vulnerable to challenge.

It had been pointed out by Holman J in Re B a biological father ‘ought ordinarily to be able to be heard, if he wishes to be, before major decisions are made’. Therefore whether the father’s involvement contributes to the proceedings is irrelevant rather he has a right to be party and be heard regardless of his ability to put a case forward.

How can Johnson Astills Help?

If you are contacted by a Local Authority wanting to issue care proceedings and wish to become a party to the proceedings please contact Johnson Astills at either our Leicester Office on 0116 255 4855 or our Loughborough Office on 01509 610 312 and ask for a member of the Care Team so that we can advise you accordingly. Alternatively, please email us on careteam@johnsonastills.com and a member of our team will be happy to assist you.