What is Parental Responsibility?
Parental Responsibility is 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 his property”. In essence this means the power to be involved in child’s upbringing including:
- Naming a child;
- Controlling Education,
- Controlling the choice of religion,
- The administration of the infant's property.
- Controlling the issue of Passports;
Married Parents acquire Parental responsibility on the birth of a child. An unmarried father will acquire Parental Responsibility provided that his name is registered on the birth certificate (after 1 December 2003.
What if there is a dispute?
We at Charles & Co will attempt to resolve your matter without the expense and delay of court proceedings.
Failing resolution it is possible to apply for the following orders:
- child arrangement orders which determines who a child is to reside with and or spend time or otherwise have contact. There is now enshrined in law a presumption that the involvement of a parent in a child’s life will further the child’s welfare, so long as the parent can be involved in a way that does not put the child or other parent at risk of suffering harm.
- Prohibited Steps Orders: eg an order preventing a person who holds Parental Responsibility from taking a specified step, eg removal from school or country or place or residence;;
- Specific Issue Orders: an order giving directions for the purpose of determining a specific question which has arisen, eg determination of religion, schooling or surname.
How does Domestic violence impact my case?
Domestic violence will have a major impact upon the resolution of a child dispute. Proactive and efficient case management is essential where Domestic violence is likely to become an issue.
First and foremost it is imperative that Domestic violence is identified in each case. The definition of domestic violence is not limited to physical abuse.
For the purpose of family proceedings, Domestic violence is defined
“as any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality.
This definition includes psychological, physical, sexual, financial or emotional abuse. Controlling behavior means an act or pattern of acts designed to make a person subordinate and or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour” ( Family Proceedings Rules 2010)
Frequently Asked Questions
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Q1: What happens to the children when parties separate? Answer: Children’s interests, welfare and future arrangements will be paramount and at the forefront of both parents minds. Important decisions need to be made as to who the children will live with and whether such arrangements are to be shared? If not, how much time will they spend with the other parent? We at Charles and Co will listen carefully to any concerns and issues you have in respect of this and provide honest and practical advice and represent you so that the best outcome is achieved for the child.
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Q2 :Do I need to go to court?Answer: You do not need to go to court. It is normally in the interests of all parties to avoid the court process due to the stress and costs as well as increase in animosity. We would always encourage parties to resolve matters via negotiation or mediation. The Court process is a last resort. However, we will continue to assist in negotiating and resolving matters throughout the court process, if this is possible.
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Q3: How do the courts determine such matters?Answer: The court can make child arrangement orders, prohibited steps or specific issue orders to determine how each parent is to exercise important decisions such as religion, overseas travel, schooling. The court will apply the welfare checklist which we will discuss with you in full detail and apply to your situation during our consultations.
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Q4: How long will it be before I see my children?Answer: The court normally takes anything between 4 to 6 weeks to process an application. The First hearing will take place approximately 6 weeks thereafter with a safeguarding report being prepared in time for the first hearing and in most cases matters are resolved at the first hearing. In more complex matters e.g. where domestic violence is being alleged it is imperative that case management directions are put in place for disclosure of police, medical and or social services records so that any future hearings can proceed effectively and without delay.
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Q5: Do grandparents have rights to the children following separation/divorce?Answer: Grandparents play a vital role in the lives of young children. Provided you have been a part of their lives and continue to show commitment it will be possible to apply for permission to secure orders. It is imperative that you act quickly to secure access rights. We have successfully acted for and continue to act for grandparents who wish to continue to play an ongoing and pivotal role in their grandchildren’s lives.
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Q6: I wish to relocate with my child nationally or internationally. My partner is not agreeing. Can I do this? Answer: If consent is not forthcoming from the other parent then we can advise you meticulously in what you are required to demonstrate to the court to ensure that the relocation will be deemed to be in the children’s best interests. We have successfully dealt with many relocation cases, both national and international.