On a breakdown of a relationship a number of issues can arise in respect of the upbringing of children.
Article by Wellers Law Group.
A relationship breakdown can be a highly emotional and traumatic time for parties and very often difficult decisions will need to be made with regard to a child’s upbringing.
It is important for both parents to work together, communicate with each other and discuss decisions together. In many cases, negotiations between parties can resolve matters. However, in certain cases this can prove difficult for parents who are not only dealing with their own emotional and financial changes but also making important decisions regarding their children.
What is Parental Responsibility and do I have Parental Reasonability?
A definition of Parental Responsibility can be found at section 3 (1) Children Act 1989. Parental Responsibility encompasses all the rights, duties powers, responsibility and authority which by law a parent has regarding a child.
A child’s mother automatically has Parental Responsibility.
A father will have Parental Reasonability if married to the child’s mother at the date of the child’s birth or if the child was born after 1 December 2003 and the father’s name is registered on the child’s birth certificate.
Why is Parental Responsibility important?
It gives a parent a right to make decisions regarding every aspect of a child’s life i.e. what school the child should attend, what form of religious upbringing and what medical treatment the child should receive.
Without Parental Responsibility the child’s mother does not need to consult the father about these important decisions.
How can I acquire Parental Responsibility?
Unmarried fathers may acquire Parental Responsibility either by agreement with the child’s mother, marrying the child’s mother, jointly registering the father’s name on the birth certificate or by Order of the Court.
As a child’s father what other Orders are available to me from the Court?
The following orders can be obtained upon application to the Court. These include:
• Residence Order – an order stating where and with whom the child is to live.
• Contact Order – an Order setting out the type of contact and the frequency of contact.
• Prohibited Steps Order – an Order preventing one party from exercising certain things outlined in the Order.
• Specific Issue Order – an Order providing a decision resolving a particular issue in dispute by the parties.
When considering whether to make any of the above Orders concerning a child the welfare of that child is paramount to the Court.
What should I do next?
If parents are no longer able to effectively communicate with one another sometimes it can help matters if Solicitors are instructed in order to ease the tension between the parties and assist matters between them so that they can maintain an amicable relationship in the future.
The instruction of a Solicitor does not necessarily mean that Court proceedings will be issued and escalating costs incurred. Issuing an application with the Court should be seen as a last alternative and there are a number of methods available in order to help parents resolve disputes without the need to go through the Court process. These can include negotiations through Solicitor correspondence and Mediation.
This article was written by Wellers Law Group, one of many family law specialists listing in the dadzclub directory
This article is from dadzclub.com
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