Children

Frequently asked questions

What is Parental Responsibility?

Everyone with Parental Responsibility for a child has legal authority to make decisions about important elements of that child’s life. This would include matters such as where the child(ren) will go to school, authorisation of medical treatment, their religious upbringing and any change of the child(ren)’s name.

Who has Parental Responsibility?

All mothers automatically have Parental Responsibility. A father that is married to the mother automatically acquires Parental Responsibility. If the mother and father are not married then if the father’s name is on the child(ren)’s birth certificate(s) and the child(ren)’s birth(s) was registered after the 1st December 2003 then he will automatically acquire Parental Responsibility with the mother.

If the parents are not married and the child(ren)’s birth(s) was registered before the 1st December 2003 or the father is not named on the child(ren)’s birth certificate(s) then the father will not automatically acquire Parental Responsibility. The father can acquire it, however, by entering into a Parental Responsibility Agreement with the mother or by obtaining a Parental Responsibility Order from the court.

If we separate do I need a Court Order in respect of my child?

The courts would prefer not to make any Orders at all concerning your child. If following a separation there is no dispute between you and the other parent with regard to where the child(ren) will live, and what the contact arrangements for the other parent having contact with the child(ren) will be then you will not require a Court Order.

I don’t want my child to go for contact. Can I stop it?

On the whole courts promote contact and it would be generally expected that contact with the non-resident parent would take place on a regular basis. If however, there are genuine reasons as to why contact with a non-resident parent may not be in the child’s best interests, then it may well be appropriate for contact to be put on hold until the court has had the opportunity to consider the concerns.

The court’s duty is to the child(ren) and therefore they will generally not order contact immediately if there is a legitimate concern that a child may be put at risk. The court would investigate the concern and assess the risk, if any, to the child. In these circumstances indirect contact by way of telephone calls and letters or supervised contact may still be considered appropriate.

My former partner wants to move abroad with the child(ren). Can I stop them?

If you have Parental Responsibility for your child(ren) then the other parent will need your consent in order to take the child(ren) abroad for a period of more than one month. If all persons with Parental Responsibility have not given their consent then the parent who takes the child(ren) abroad may in fact be committing a criminal offence.

If you have reason to believe that your child(ren) may be taken out of the country without your consent then you should take urgent legal advice. An application can be made to the court to prevent the child(ren)’s removal from the country.

If a parent with care wishes to move abroad with the child(ren) and all other persons with Parental Responsibility do not consent to this then the parent wishing to move abroad with the child(ren) would have to make an application to the court for an Order giving them permission to do so. If the matter cannot be resolved by agreement then ultimately the court will make a decision based upon what is in the child(ren)’s best interests.

My former partner is stopping me seeing the child(ren). What can I do?

If arrangements for contact with your child(ren) cannot be agreed then you can make an application to the court for a Defined Contact Order, setting out clearly the days and times that you will have contact with your child(ren).

If you make an application to the court for a Defined Contact Order then generally the court will promote contact and consider contact with both parents to be in the child(ren)’s best interests. There would have to be a compelling reason for a court to conclude that your exercising contact with your child(ren) is not in the child(ren)’s best interests.