Children and Parenting
When a relationship breaks down, disputes about the welfare and upbringing of children may arise. Commonly, these include disputes about where and with whom a child should live (residence) and how often they should see their non-resident parent (contact).
We can provide sound, pragmatic advice with the aim for both parents to agree the best solution for the children. The Courts work on a principle of non-intervention and may only make an Order when it is necessary for the welfare of the child. There may be a need for an Order if, for example, the parents cannot agree about contact. We can guide you through the process of obtaining an Order.
Who has parental responsibility of a child?
Parental responsibility means the rights, duties, powers, responsibilities and authority which, by law, a parent has in relation to a child and his or her property. It includes the right to make decisions about your child's life, such as medical treatment and education.
Where a couple is married at the time of a child's birth, both parents will have automatically joint parental responsibility. If a couple is unmarried at the time of birth but later marry, this will automatically give the father joint parental responsibility for any of his children of that relationship.
Unmarried parents are often unsure about who has legal parental responsibility for their children.
A mother always has parental responsibility.
Unmarried fathers can acquire parental responsibility:
For children born on or after the 1st December 2003 by:For children born before the 1st December 2003 by:
- Marrying the mother of their child
- Obtaining a Parental Responsibility Order from the Court
- Registering a Parental Responsibility Agreement
Other people such as stepfathers, grandparents and carers may also acquire parental responsibility in exceptional circumstances.
A father without parental responsibility is still obliged to pay child maintenance in the event of separation.