LAW
NAVIGATING PARENTAL RESPONSIBILITY
WORDS BY SUNITA CHAUHAN, ASSOCIATE SOLICITOR AND HEAD OF FAMILY AT GULLANDS SOLICITORS
How do you know if you have Parental Responsibility? If you have separated, how do you decide who your children will live with? Can your ex still expect to see your children from a previous relationship? Here are your Parental Responsibility questions explained.
As a general rule, mothers have Parental Responsibility for their child from birth and the father has it automatically if they were married to the child’ s mother at the time of birth or subsequent marriage. If the parties are unmarried, the father can gain Parental Responsibility if they are named on the child’ s birth certificate, or through a Parental Responsibility Agreement, or by obtaining an order through the courts.
Parental Responsibility means responsibility for the child’ s wellbeing generally until they reach the age of 18. There is no automatic legal right for a step-parent to see a child after a divorce unless they adopted them during the marriage.
After a separation or divorce, both parents decide who a child lives with or spends time with by having a parenting agreement incorporating the terms of agreement relating to the care of the child. These are typically decided by the parents and are agreed without the need to go to court.
Where an agreement cannot be reached, then family mediation would take place unless there is a history of violence or coercive control.
If mediation fails, then either parent can apply through the court for a Child Arrangement Order, which sets out who the child lives with, who they have contact with and the frequency and length of contact visits, as well as any other arrangements that need to be formally recorded.
The court will take into account a number of issues including primarily the welfare of the child, the child’ s feelings and wishes depending on their age, risk of harm, and physical, emotional and educational needs, as well as other factors relevant to each matter.
If you are a step-parent, you can ask to maintain your relationship with the child with the agreement of your former spouse or by the same method as described above if an agreement can’ t be reached.
s. chauhan @ gullands. com gullands. com
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