A relationship breakdown is a traumatic experience. When children are involved, it is important that arrangements are made that are clear and fair.
Where parents are unable to agree arrangements concerning the children, there are a number of ways of resolving the dispute:
- Direct negotiations
- Negotiations through solicitors
- Mediation
- Arbitration before Court Proceedings
- Court Proceedings
If parents decide to start court proceedings, the court has to consider the criteria under Section 1 of the Children Act 1989. The factors are as follows:
- The ascertainable wishes and feelings of the child concerned (considered in light of their age and understanding).
- Their physical, emotional and educational needs.
- The likely effect on them of any change in their circumstances.
- Their age, sex and background, and any characteristics of theirs that a court considers relevant.
- Any harm which they have suffered or are at risk of suffering.
- How capable each of their parents and any other person in relation to whom the court considers the question to be relevant is of meeting their needs.
- The range of powers available to the court under this Act.
What orders can the court make?
Child Arrangements Order
Such an order determines:
- Day-to-day contact arrangements
- Who the child lives with
- How and where contact takes place
Prohibited Steps Order
The court may make orders prohibiting a parent from a specific act, such as removing from a geographical area, from the parent’s care, or from school.
Specific Issue Order
If parents are in dispute over a particular matter such as where a child should go to school, the court can determine the issue.
What is Parental Responsibility?
A mother will automatically acquire parental responsibility of a child, whether she is married or not. A father automatically acquires parental responsibility provided he was married to the mother at the time of the child’s birth. Further, a father can acquire parental responsibility if he was named on the birth certificate and was present at the time of registration of the birth.
Parental responsibility may be acquired by a step-parent or a second female parent through Form WP and Form PP. If there are two male partners, they may apply for a parental order. This reassigns parentage to the intended parents after birth.
How can I get parental responsibility?
If none of the above applies, you may apply to the court for a parental responsibility order if the mother disputes parental responsibility, or through signing a parental responsibility agreement, with the mother’s consent.
Why should you consider a parenting plan?
When parents are separating, and children are involved, a parenting plan is a proven way to negotiate arrangements for children. A parenting plan is a useful document, as it covers the practical issues for the children. This includes not only the amount of time spent with each parent, but also sets out practical arrangements for the child’s education and medical needs. Most importantly, it provides a child with the knowledge that their parents have considered co-parenting and provides stability and reassurance. You will find a template for a parenting plan on the CAFCASS website here.