Parental Rights of Unmarried Fathers

Parental Rights of Unmarried Fathers

 

In England & Wales 1 in 3 children are born outside of marriage. This leads to no end of complications and problems for the unmarried fathers, many of whom end up with less rights and entitlements than the child’s mother. In most instances this is not a problem and the parents will work their way around this, whether or not they decide to stay together in a relationship. But of course, when it goes wrong, it often goes very wrong and it’s then that dad’s can be left ‘not holding the baby’. If you are reading this article, chances are you are a dad who is missing out on sharing a life with your child, due to relationship breakdown with someone to whom you were not married at the time of the child’s birth.

Unfortunately in the eyes of the law being the biological father of a child does not automatically give you any automatic rights. Parents usually have what is called parental responsibility over a child. This is the legal term which describes the rights and responsibilities of being a parent of a child. Parental responsibility can be obtained by the consent of the mother, but what if mum is unwilling to consent and unwilling even to admit that you are the father of the child. Mother’s are in a far stronger position here as mum’s automatically qualify for parental responsibility. Gaining parental responsibility means that you are responsible for looking after your child. It also means many other things too like having the right to have a say on many important issues relating to the child’s upbringing and welfare including the child’s education, medical care, choice of religion of the child and also choosing your own child’s name.

The Law regarding the parental responsibility of Fathers has changed a while back. In order for the father of the child to automatically obtain parental responsibility, he must be married to the mother of the child at the time of child’s birth. If the child was born after the 1st December 2003 and dad’s name is on the birth certificate then the father will qualify for parental responsibility. If the child was born before the 1st December 2003 and dad’s name was not on the birth certificate or the father was not married to the mother of the child then the Father will not automatically gain.

If the Father has not been automatically assigned parental responsibility then we can assist in obtaining this through the courts. The courts will always view the welfare of the child as the most important factor. This puts the child first which is what most responsible parents would want anyway. So if you are faced with a situation where the mother of your child is not being accommodating in your desire to take part in the upbringing of your child, you may need expert legal assistance. That is where we can help. We face situations like this and indeed far more complicated than this on a daily basis and we have in place the expertise and experience to assist you in resolving those issues and working toward a more balanced parenting regime where the only real and paramount consideration is the welfare of your child.

If you feel that you need some legal advice on your rights as a father, contact us on 020 8401 7352 to discuss your situation in the utmost confidence with a member of our specialist Family Law team. Alternatively you can send us an email at info@solicitorsfirm.com and a member of the Family Law team will do their very best to answer your questions and offer you an appointment.

Please note that we provide a highly personalised, specialised and boutique legal service and representation in Family Law matters, in all courts in England & Wales. As such we do not undertake Legal Aid work

Personal Guarantees from Directors of Limited Companies in a Business

Secure yourself and your business with a Personal Guarantee from Directors of Limited Companies

 

Most people starting out in business do not realise that any business transactions that they engage in with a Company or partnership with limited liability can leave them exposed and in debt.

Doing business with a Limited Company or limited liability partnership is only worth as much as the company is worth and consequently if the company fails and is closed down, the Directors of the failed company may escape all liability and walk away, leaving you holding the debts or unfulfilled promises, often promises for which you may have already paid and received no goods or services in return.

It is therefore vital that you secure yourself and your business with a Personal Guarantee from the Directors of the other companies with which you do business.

What is a Personal Guarantee?

A Personal Guarantee is a secured promise from an individual or individuals to make payments or deliver products and services when their business is not able to do so. The promise is usually backed up by an asset for example: a house or some other form of real property.

We can advise and assist you to obtain legally enforceable personal guarantees from one or more directors of any Limited company or LLP company that you have dealings with. Therefore, in the event of a dispute or debt recovery matter, you will have protected yourself and your business with a personal guarantor against whom you can enforce the debt personally. This may involve taking a charge over their home property or something similar and will guarantee you at least some compensation in the event their company fails.

For Further Information please call 020 8401 7352

Security of Tenure and Commercial Leases and Property

Security of Tenure and Commercial Leases and Property

When taking a new lease of commercial property, one of the conditions that is sometimes imposed by prospective landlords is a request for you to “opt out” of the protection provided by Part 2 of the Landlord and Tenant Act 1954. Some landlords will try and sneak this into the lease so unsuspecting prospective tenants who are not represented by a competent legal adviser may not realise what they are signing before it is too late. All too often, even when you are represented by a solicitor, the landlords will not mention this until the very last minute before exchange and completion, wagering on the probability that most tenants will at that point be so exhausted with the negotiations process that they will invariably capitulate and agree the proposal.

Worse yet, sometimes the only alert you may receive to the fact that your landlord is removing the protection afforded by the Landlord & Tenant Act 1954 is contained in the formal notice your landlord serves on you. Many people fail to recognise the importance of this before signing a new lease. Opting out of Part 2 protection has huge significance for tenants and is a step which must not be taken lightly at all. It is therefore one which should only be agreed with full knowledge of the protection that is being given away. Often this loss of protection will serious impair and reduce the value of your business, should you ever decide to sell your business in the future.

Under Part 2 you are given “security of tenure” of your commercial lease. Put simply, if you have a fixed term lease then when it ends your landlord must grant you a new lease on similar terms. You can then continue your business in the same location. You have the right to demand that your landlord grants you a similar lease.

By signing an opt out of Part 2 when you take on the lease, you give away your security of tenure. The result of this is that when your lease ends, your landlord is legally permitted to ask you to leave the premises and refuse to give you a new lease. If your business has been built on being in a specific location then moving will be a problem to you. Also if you decide to sell the business during the term of the lease, this restriction may well adversely affect the value of the business as the new owner cannot be sure that they will obtain a new lease at the end of the current lease. Additionally your landlord could insist you pay a much higher rent before granting you a new lease. This places you in a very weak negotiating position.

In summary you should never agree to opt out of Part 2 protection lightly and certainly not without fully understanding its effect. Always make sure you are legally represented in commercial lease matters, otherwise you could end up paying a far higher price for signing something that you do not fully understand.

If you are contemplating or negotiating a lease for a business or simply want some advice, as specialist commercial property solicitors in London we are best suited to assist you. Telephone us on 020 8401 7352 to arrange an appointment or email us at info@solicitorsfirm.com with your question.

UKBA Border Agency Contact Telephone Numbers

 

The following is a list of contact telephone numbers for various UK Border Agency regional offices and UKBA Ports:

 

ABD – ABERDEEN
Tel: 01224 722890
Fax: 01224 214340


APX – APEX HOUSE GRAVESEND
Apex Ho, Burch Road, Northfleet, Gravesend DA11 9PD
Tel: 01634 895000
Fax: 01634 895050


ASH – ASHFORD INTERNATIONAL
Tel: 01233 637784


BEO – BEDFORD ENFORCEMENT
Tel: 01234 821600 / 650
Fax: 01234 821607


BHM – BIRMINGHAM AIRPORT
Tel: 0121 606 7530
Fax: 0121 531 8680


BOS – BOSTON
Tel: 01205 355491
Fax: 01205 319167


BRS – BRISTOL
Unit 1 Greystoke Business Centre, High Street Portishead, Bristol BS20 6PY
Tel: 01275 815020
Fax: 01275 818680


BTH – BOURNMOUTH
Tel: 01202 572515
Fax: 01202 582036


CAR – CARDIFF
Tel: 029 2067 2350
Fax: 029 2067 2360


CAX – CARLISLE
Tel: 01228 573611
Fax: 01228 573310


CEU – CROYDON ENFORCEMENT UNIT
Tel: 020 8603 8467/76
Fax: 020 8604 5724


CH – COMMUNICATIONS HOUSE ENFORCEMENT UNIT
Communications House 210 Old Street London EC1V 9BR
Tel: 020 7324 6622
Fax: 020 7324 6651


CRIMINAL CASEWORK TEAM (CROYDON)
Tel: 020 8196 0930
Makes deportation arrangements for men who have served a criminal sentence.


DEPMU – DETENTION ESCORTING POPULATION AND MANAGEMENT
Tel: 020 8957 3213
IND Operational Unit. Alternative number 020 8818 1302


DEU – DOVER ENFORCEMENT UNIT
Tel: 01304 668010
Fax: 01304 668019


DVE – DOVER EAST
HM Immigration Office, Eastern Docks, Dover CT16 1HZ
Tel: 01304 244900
Fax: 01304 213594


EDD – ENFORCEMENT DISPERSAL DESK
Tel: 020 8760 3635 / 75
Fax: 020 8760 3083


EDI – EDINBURGH
Tel: 0131 348 4026
Fax: 0131 348 4029


EMA – EAST MIDLANDS AIRPORT
Tel: 01332 817100
Fax: 01332 817190


EXE – EXETER
Tel: 01392 366492


FEL – FELIXSTOWE
Tel: 01394 674915
Fax: 01394 673620


GAN – GATWICK NORTH
HM Immigration Office, Gatwick North, Crawley RH6 0PP
Tel: 01293 507859
Fax: 01293 597097


GAT – GATWICK SOUTH
HM Immigration Office, Gatwick South, Crawley RH6 0NN
Tel: 01293 502627
Fax: 01293 658801


GLA – GLASGOW
UK Immigration Service, Glasgow Airport, Pailsley PA3 2TD
Tel: 0141 847 5300
Fax: 0141 419 1290


HAR – HARWICH
HM Immigration Office, Parkeston Quay, Harwich CO12 4SP
Tel: 01255 509702/3
Fax: 01255 240233


HEU – HARWICH ENFORCEMENT
Tel: 01255 509700
Fax: 01255 509718


LBA – LEEDS BRADFORD AIRPORT
Tel: 0113 386 5735
Fax: 0113 386 5738


LCY – LONDON CITY AIRPORT
Tel: 020 7474 1395
Fax: 020 7511 2363


LPL – LIVERPOOL
Tel: 0151 237 0012
Fax: 0151 237 0488


LTN – LUTON
Immigration Office, Luton Airport, Luton LU2 9LU
Tel: 01582 439033
Fax: 01582 405215


M1 – MANCHESTER TERMINAL 1
Tel: 0161 489 2657
Fax: 0161 489 5779


M2 – MANCHESTER TERMINAL 2
Tel: 0161 489 6230
Fax: 0161 489 5144


MAN – NORTH WEST ENFORCEMENT
Tel: 0161 888 4151 / 77
Fax: 0161 888 4139


MET – BECKET HOUSE
60-68 St Thomas Street, London SE1 3QU
Tel: 020 7238 1406 (m1) 1333 (m2)
Fax: 020 7403 7816


MEU – MIDLANDS ENFORCEMENT UNIT
Tel: 0121 713 3229
Fax: 0121 713 3339


MODCU – MANAGEMENT OF DETAINED CASES UNIT
PO Box 465, Leeds LS4 2UW
Tel: 0113 386 5780
Fax: 0113 386 5858
IND policy unit – aims to review detained cases after 28 days Visit:- Waterside Court, Kirkstall Road, LS4 2QB


NOR – NORWICH
Tel: 01603 268960
Fax: 01603 268961


PLY – PLYMOUTH
Tel: 01752 261547


POL – POOLE
Tel: 01202 845400
Fax: 01202 845420


POR – PORTSMOUTH
Immigration Office, Norman House, Kettering Terrace Portsmouth PO2 7AE
Tel: 023 9285 2739
Fax: 023 9286 4149


SCA – SHEFFIELD CITY AIRPORT
Tel: 0114 201 5316
Fax: 0114 201 5317


SEU – SCOTTISH ENFORCEMENT UNIT
Tel: 0141 419 1235
Fax: 0141 419 1290


SP – STATUS PARK (EATON HOUSE)
Eaton House, 581 Staines Road, Hounslow TW4 5DL
Tel: 020 8814 5300 / 01 /02
Fax: 020 8814 5345


STD – STANSTEAD
Tel: 01279 680118
Fax: 01279 680145


STE – STANSTEAD ENFORCEMENT UNIT
Tel: 01279 680691
Fax: 01279 980041


STN – SOUTHAMPTON AIRPORT
Tel: 023 8082 0140
Fax: 023 8082 0141


STN – SOUTHAMPTON DOCKS
Tel: 023 8062 7107


TEE – TEESIDE
Tel: 01325 331891
Fax: 01325 335063


TN1 – HEATHROW TERMINAL ONE
Tel: 020 8745 4438
Fax: 020 8745 6814


TN2 – HEATHROW TERMINAL TWO
Tel: 020 8745 6875
Fax: 020 8745 6867


TN3 – HEATHROW TERMINAL THREE
Tel: 020 8745 5002
Fax: 020 8745 6943


TN4 – HEATHROW TERMINAL FOUR
Tel: 020 8745 4700
Fax: 020 8745 4733


TRAVEL DOCUMENT UNITTel: 020 8760 2548
Fax: 020 8760 2963


TYN – NORTH SHIELDS
Tel: 0191 238 0440 / 0444
Fax: 0191 257 2453


WIT – WATERLOO INTERNATIONAL
Tel: 020 7919 5901 / 02 / 05
Fax: 020 7919 5918