You and your children
Whenever a relationship comes to an end, whether you are married or not, you will always want to know what rights you, as a parent, have in relation to your children. The law relating to children is governed by the Children Act 1989. This law revolutionised the way that a child’s relationship with his/her parent was viewed.
A parent has certain duties in respect of children; the duty to look after the children and to make decisions about important issues like education and health. It is a responsibility to look after a child, not a right, and the Children Act recognises this.
Parental responsibility is automatically acquired by a child’s mother when the child is born. A father automatically acquires parental responsibility if he is married to the child’s mother either at the time that the child was born, or by subsequently marrying the child’s mother.
Even if the parents are not married, a father will acquire parental responsibility if he is registered as the father on a Birth Certificate registered after 1st December 2003.
In other circumstances a father can acquire parental responsibility either by entering into a Parental Responsibility Agreement with the child’s mother, or by applying to the Court for a Parental Responsibility Order.
To obtain a Parental Responsibility Agreement, a special form has to be completed and formally signed by both parents in the presence of certain witnesses. This Form is then registered at the Family Division of the High Court in
Other people can acquire parental responsibility, but only if the Court orders that the child should live with that person. This is known as a Residence Order. It can apply when, for example, the child lives with a grandparent or a step-parent, and that person may at some stage need to make important decisions about the child’s welfare. To enable the person with whom the child lives to make decisions, for example in relation to medical matters, the making of a Residence Order would confer on that person parental responsibility.
There are various types of orders that can be made in relation to children, such as who the children should live with (Residence), how often they should see the other parent (Contact), and what should or should not be done in relation to a child (Prohibited Steps and Specific Issues). The court has a wide range of powers and will make orders where it is deemed to be in the best interests of the child.
Children and Divorce
If you are contemplating divorce, or indeed if divorce proceedings have been issued against you, you will want to know what your rights are in relation to the children and also what is likely to happen to them as a result of your divorce. The Court is always particularly concerned to ensure that children do not suffer as a result of divorce. This is why a detailed Statement of Arrangements for Children has to be submitted to the Court at the time divorce proceedings are issued so that the Court can be fully satisfied that proper arrangements are in place for the future care of the children.
The "Statement of Arrangements" form is used to make sure the Court has all the information it needs to make a decision about the children. It does not govern the future. If your spouse disagrees then he/she can suggest his/her own arrangements to the Court. The District Judge will consider the arrangements at the same time as he decides whether to grant the Divorce and if the District Judge is satisfied with the arrangements, a notice will be sent to your Solicitors with the date for the Decree Nisi.
If the District Judge when considering the Statement of Arrangements, is not satisfied about the proposed arrangements, he is likely to request that both parents attend a special Children’s Appointment in the hope that any outstanding disputes can be resolved.
Notwithstanding the fact that you and your spouse may divorce, you will both retain parental responsibility for the upbringing of your children. What this means is that you will both retain rights of parenthood and you will be entitled to have your say in relation to your children's education, health and upbringing. It must however, be accepted that the parent with whom the children will live is the parent who meets the children's day to day needs and if the children live with your spouse he/she will be able to make simple day to day decisions without necessarily consulting you.
If you and your spouse are able to reach agreement as to who the children are to live with and for example how often the other is to see the children then the Courts will not intervene, and the Courts will not make any orders relating to the children. The basic stance adopted by the Court is that you and your spouse are encouraged to resolve matters between you. If, for whatever reason, you cannot resolve matters, then the Court can become involved and can determine these matters.
Even (and often particularly) during the throes of divorce there is a continuing link between children and their parents. The paramount consideration of the Court is always the welfare of the children involved in relationship breakdown. Parents should refrain from involving the children in their dispute as research shows this experience inevitably harms them.
Sali Jackson-Thomas- Head of the Family Department
01792 525413
s.jackson-thomas@johncollins.co.uk
Family News
Child Custody Arrangements
Child Maintenance Support Arrangements
Childcare Victory for Lesbian
Divorce - Needs of Child Paramount
Family & Matrimonial General Articles
Related Topics
Mediation , Assets & Finance, Separation & Children, Partnership & Living Together, Collaborative Law
