parenting issues

A Parenting Agreement may be entered into where for example a man will agree to donate his sperm to a female friend (who may be single or in a relationship) and the agreement is intended to set out his potential involvement if any with the child.  A donor may agree to surrender all rights in respect of the child and to have no contact with the child in return for an agreement from the child’s parents not to seek maintenance or other financial provision from him.  Although such agreements record the parties’ wishes, feelings and intentions at the given time, the Court, if asked to enforce such an agreement, would not be bound to do so.  Such agreements cannot oust the jurisdiction of either the Court or the CSA which may be called upon to make a maintenance assessment against the father and which have the power to enforce any such maintenance required.  The remedy for the father then would be to seek to enforce the agreement to recover pound for pound the monies so paid out in maintenance provision.  Also, if the father changes his mind about having no contact with the child and applies to the Court for some contact although the Judge will take into account the terms of the agreement if it is found to be in the best interests of the child for there to be contact such an order could still be made. 

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