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Parental Responsibility Frequently Asked Questions

Banner Jones advise parents on their Parental Rights and Responsibilities.

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 Responsibility.

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.

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.  Going to Court should always be the last resort where 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.

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.

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