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CHILDREN
In the great majority of relationship and marriage breakdowns
there are dependent children.
Under English Law a mother has parental responsibility
automatically for her children from birth. Parental responsibility
covers the rights, powers, responsibilities and authority
that the Law gives to a parent of a child in relation to
the child’s parenting and property. The father of a child
will also have parental responsibility if he is married
to the child’s mother and if he marries her subsequently
then he will acquire at the point of marriage. If the parents
are unmarried, a father will have parental responsibility
if he is registered as the child’s father and the child
was born after the 1st of December 2003, but not otherwise.
Whether or not parents are living together they should
consult and make every effort to agree upon all of the major
decisions that have to be made during a child’s upbringing.
If parents split up then they should make every effort to
reach an agreement on the main home of the child and also
the time the child spends with the non-resident parent.
They should also try to agree with regard to time their
children are to spend with others, specifically grandparents.
In the past, the Law referred to “custody” and “access”
but these are no longer concepts that exist in English Law.
The Law now provides for Orders in relation to “residence”
and “contact”. It also now provides for “Prohibited Steps”
and “Specific Issue” Orders. The Court can order where and
with whom a child lives. Joint and shared Residence Orders
can be made by a Court. A Contact Order covers not only
the time a child spends with the non-resident parent but
can cover contact by telephone and in the form of letters
and cards. It can extend to visiting, staying and holiday
contact.
A Prohibited Steps Order is one that will prohibit a parent
from taking a particular course of action, such as removing
a child from the other parent’s care. A Specific Issue Order
is one that will deal with an issue between parents for
example in relation to a child’s religious upbringing.
A father without parental responsibility can obtain it
through a formal agreement with the mother or by obtaining
an Order from the Court.
Step-parents are now able to obtain parental responsibility
again by way of a formal agreement. Alternatively, a step-parent
can apply to the Court for an Order.
Grandparents often have a special place in the life of
a child. A grandparent or indeed any person can pursue a
residence or contact arrangement. If an Order is required
from the Court then the permission of the Court has to be
obtained in the first place to pursue a Residence or Contact
Order. Permission will only be given if it is clear that
the grandparent or other person has an arguable case and
it is not one that is unlikely to succeed or is doomed to
failure.
Children should grow up having a relationship with both
of their parents.
Court Orders can be enforced if they are not complied with
by the parent.
Mediation is often used to try and resolve disagreements
over residence, contact or other aspects of a child’s parenting
and care.
If Court proceedings are unavoidable these can last a number
of months. In proceedings, the Court will normally require
a Welfare Report from an independent Child and Family Reporter.
Phone 02392 505500 and ask
for Richard Parrott or Chris Mills or their secretaries
to make an appointment or request
a call back
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