A relationship breakdown is a traumatic experience. When children are involved, it is important that arrangements are made that are clear and fair.
Where parents are unable to agree arrangements concerning the children, there are a number of ways of resolving the dispute:
- Direct negotiations
- Negotiations through solicitors
- Mediation
- Court Proceedings
If parents decide to start court proceedings, the court has to consider the criteria under Section 1 of the Children Act 1989. The factors are as follows:
- The ascertainable wishes and feelings of the child concerned (considered in light of their age and understanding).
- Their physical, emotional and educational needs.
- The likely effect on them of any change in their circumstances.
- Their age, sex and background, and any characteristics of theirs that a court considers relevant.
- Any harm which they have suffered or are at risk of suffering.
- How capable each of their parents and any other person in relation to whom the court considers the question to be relevant is of meeting their needs.
- The range of powers available to the court under this Act.
What orders can the court make?
Child Arrangements Order
Such an order determines:
- Day-to-day contact arrangements
- Who the child lives with
- How and where contact takes place
Prohibited Steps Order
The court may make orders prohibiting a parent from a specific act, such as removing from a geographical area, from the parent’s care, or from school.
Specific Issue Order
If parents are in dispute over a particular matter such as where a child should go to school, the court can determine the issue.
What is Parental Responsibility?
A mother will automatically acquire parental responsibility of a child, whether she is married or not. A father automatically acquires parental responsibility provided he was married to the mother at the time of the child’s birth. Further, a father can acquire parental responsibility if he was named on the birth certificate and was present at the time of registration of the birth.
Parental responsibility may be acquired by a step-parent or a second female parent.
How can I get parental responsibility?
If none of the above applies, you may apply to the court for a parental responsibility order if the mother disputes parental responsibility, or through signing a parental responsibility agreement, with the mother’s consent.