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Solicitors Regulation Authority No. 420179
Children
family break-
When your relationship breaks up you will have a
lot of things to think about and your major concern will be for the welfare of your
children.
you and your partner should attempt to reach agreement about where and with
whom the children will live. You will also need to try and agree lots of other things
such as when each parent will see the children, whether both parents will see the
children on the children’s birthdays, other special days and how Christmases or other
religious festivals will be arranged. You will also need to think about how each
parent is going to be involved in the children’s education, religious upbringing
(if appropriate) and medical treatment. The government has produced a booklet called
a Parenting Plan which can be very useful for parents to go through together to plan
for the future so each parent is clear on what the arrangements are.
If agreement
cannot be reached you may wish to consult a mediator who will try to facilitate communication
with a view to resolving differences and coming to an agreement. It is also possible
to negotiate through solicitors.
There are support services available for parents
and or children who are experiencing a family breakup and who may be struggling to
come to terms with it or understand what is going on. Sometimes children are caught
up in the conflict between their parents and may want to seek confidential support.
If
the parents cannot agree what the arrangements are to be either parent may apply
to the court for a residence order or a contact order. There are other orders available
in respect of children such as a specific issue order, a prohibited steps order or
a parental responsibility order.
residence orders
A residence order will say which
parent the children shall live with. A court may sometimes make a shared or joint
residence order if appropriate. This sort of arrangement is becoming more popular
and allows the children to spend equivalent amounts of time with each parent although
it need not be strictly 50/50.
contact orders
These orders require the parent with
whom the children live to allow the children to visit or stay with the other parent.
The order may define exactly what contact shall take place and when. There may be
staying contact, visiting contact and/or indirect contact e.g. letters, cards and
telephone calls.
court proceedings
The court recognises that children cases need to
be dealt with as quickly as possible for the benefit of the children and will try
to accommodate this. Often a children and family reporting officer will be appointed
whose role is to ascertain what is best for the children and make recommendations
to the court. The court’s reporting officer will speak to both parents and the children.
general principles
When the court determines any question relating to the children
it’s overriding consideration will be for the welfare of the children. The court
must also consider the following:
The ascertainable wishes and feelings of the child
The
child’s physical, emotional and educational needs
The likely effect on the child on
any change in his circumstances
The child’s age, sex and background and any relevant
characteristics
Any harm the child has suffered or is at risk of suffering
How capable
are each of the parents at meeting the child’s needs
parental responsibility
Parental
responsibility can be defined as all the rights, duties, powers, responsibilities
and authority which, by law, a parent of a child has in relation to the child and
the child’s property.
A mother automatically acquires parental responsibility at the
birth of her children. A father may acquire parental responsibility for his children
by being married to the mother or by the mother’s agreement, a court order or by
being appointed the child’s guardian. Since 2003 a father who is named on the child’s
birth certificate will automatically acquire parental responsibility.
If you have
parental responsibility you have the right to take part in decisions such as your
child’s education, medical treatment and religious education. You also have the right
to certain information e.g. school reports and medical information
