What is Parental Responsibility?
Parental responsibility is the law’s way of trying to define the responsibility and the rights that parents have to their child. Both married mums and dads have parental pesponsibility.
Effectively, parental responsibility provides the holder the right to be involved in the day to day management of the child’s life. Practically, the holders of parental responsibility are entitled to be given information regarding children’s education and welfare.
Parental Responsibility Agreements
Each parent can generally exercise their parental responsibility independently of the other and, in a day to day situation, there is normally no requirement for parents to consult with the other prior to exercising their parental responsibility.
On certain important decisions it is essential that everyone with Parental Responsibility is consulted. A common example of this would be where one parent takes a child abroad, maybe even just for a holiday. If there is no Child Arrangements Order with a residence element in place, this cannot be done without the consent of the other parent/guardian. If this does happen, we can help make the relevant emergency application through the Court for the return of the child or children.
Unmarried Parents Parental Responsibility Rights
The position for unmarried parents is different. Unmarried mothers have parental responsibility for their child. An unmarried father whose name is on the birth certificate and the child was born after 1st December 2003 also has it. An unmarried father whose name is on the birth certificate also has parental responsibility.
An unmarried father whose name is not on the birth certificate can acquire parental responsibility by either:
- Entering into a parental responsibility agreement with the mother
- Obtaining a Parental Responsibility order of the Court
- Marrying the mother of his child
- By ensuring his name is on the birth certificate, either originally or by re-registration of the child’s birth to include the father’s name
The Child’s Welfare
The minimisation of the effect your separation has on your children must always be the main concern. Even when there is a good reason to part, the situation can affect the child’s mental health, dietary habits, sleeping patterns, education and social life, so understanding and due care are required of both parties at all times.
Advice on Child Arrangement Orders
How Can Our Family Law Solicitors Help?
Our expert solicitors in Sheffield, Chesterfield and Mansfield are highly experienced and will treat each case uniquely depending on your circumstances. Our family law team achieve solutions through confidential settlements and are always on hand to provide support as we know going through a divorce process can be stressful.
We have offices in Chesterfield, Sheffield, Dronfield and Mansfield.
How would a judge decide which parent a child would live with?
The judge will look at what would be in the best interest of the child. The court does take into account other factors including which parent the child wishes to live with and the ability of each parent to look after the child.
Is it possible for a child to live with both parents on a part time basis?
Yes it is possible however the parents must agree this amongst themselves, the court will almost always approve this.
If the parents cannot agree amongst themselves the court will make a decision to determine the issue.
Will I lose touch with my children?
Your aim should be that both parents still play an active part in the raising of the child/children. Usually, parents sort this out amongst themselves, although if there are problems, mediation can be a good way to resolve this. Our family law solicitors will advise you on Shared Care Agreements and Live With and Spend Time with Orders. Going to Court should always be the last resort when children are involved.
What happens about parenting and finance arrangements with a no fault divorce?
These are separate areas of your divorce and are not covered under the no fault divorce law. You will need to reach an agreement on how you are going raise your children whilst living separately and also agree on a fair division of your assets and any ongoing payments.
If you are struggling to agree between yourselves, family mediation is the next step as it is a pre-requisite for going to court for a decision in most cases. But there are also other options outside of court if mediation breaks down or is not suitable for your situation.
Our Family Solicitors in Sheffield, Chesterfield and Mansfield will be able to advise you on your options.
What are Parental Responsibility Agreements?
Married mums and dads have Parental Responsibility, which covers decisions about the child’s day-to-day welfare and education. Each parent can apply individual parental responsibility to most situations without approval from the other parent. However, some situations will require discussion and agreement, such as the decision of which school the child will attend, and taking the child abroad for either a short holiday or a longer period.
If there is no Child Arrangements Order with a residence element in place, removing a child from the jurisdiction cannot be done without the consent of the other parent or anyone else with parental responsibility. If necessary, Banner Jones can help make the relevant emergency application through the Court for the return of the child or children.