Children Issues
The situation may be different depending whether you are married or just living with your partner.
Ordinarily where parents agree a court will not become involved. The only time a court does become involved is:
- Where there are welfare issues
- Where there is a dispute between the parents
Common orders are:
- Parental Responsibility
- Residence Orders
- Contact Orders
- Specific Issue Orders
- Prohibited Steps Orders
Parents who are married automatically have parental responsibility orders.
Parents who are not married do not. The mother has parental responsibility. The father does not unless he has acquired it by either:
(a) Applying to the court
(b) By lodging a Parental Responsibility Agreement with the court
(c) By being named as the father on the birth certificate after 1 December 2003.
An unmarried father has parental responsibility automatically where he has the benefit of a Residence Order.
Parental responsibility is described as “all the rights, duties, powers and responsibilities and authority which by law a parent of a child has in relation to the child and his property”.
There is no exhaustive list of rights and responsibilities but is commonly taken to include:
- Care and control of the child when that child is with you
- Secular Education
- Religious Upbringing
- Medical Treatment
- Childs Surname
- Removal out of the Jurisdiction
- Residence
- Contact Order
- Specific Issue Orders
- Prohibited Steps Order
- Finances
- Maintenance for Children
Conclusion - If there is a dispute the recommended course of action is to see whether it can be dealt with through mediation. An application to the court will give a final result but the process can be lengthy and expensive and the outcome convenient to neither party. Agree if possible.
