Who Has Rights Over the Children in the Event of a Split?

Breaking up is hard to do and especially when children are involved. Decisions will need to be made about where they live and how much time they spend with the other parent. Is one parent entitled to full custody or can an agreement be reached to agree on 50:50 shared custody? Here Vicky Preece takes a closer look at parental rights.

There are no hard and fast rules dealing with which parent the children shall live with or what time they should spend with the other parent and in the absence of any guidelines it will fall to you and your partner to agree the arrangements.

Parental Responsibility – What is it and Who has it?

Parental Responsibility (PR) means all the rights, duties, powers, responsibility and authority, that by law, a parent has in relation to their child and their child’s property.

A birth mother will automatically have PR for their children. A Father will have PR in certain circumstances;

1. If they are named on the birth certificate of their child (this applies to children who are registered on or after the 1 December 2003)
2. If they subsequently marry the child’s mother
3. Entering into a Parental Responsibility Agreement with the Mother
4. Becoming a formally appointed guardian for the child

In addition, a Father may apply to court for a Parental Responsibility order, if for example the Mother does not agree to enter into a Parental Responsibility Agreement. If an order is made by the court dealing with where the children are to live or what time they are to spend time with their Father, consideration will be given to the granting of PR.

If a child’s parents are separated the normal day to day decisions will be made by the parent with whom the child lives with and spends the majority of their time with. More important decisions (such as changing a child’s name, school applications or medical treatment) should be decided jointly by everyone with PR.

I am the main carer, what rights do I have?

Following the breakdown of a relationship it is quite normal for one parent to move out of the family home. If you are the parent with whom the child now lives, you have a responsibility to promote a relationship with the parent who has left the family home, unless of course there are issues regarding safety and welfare of that child.

A child having a relationship with both parents is now being encouraged by Judges and the court system and it is considered to be in the child’s best interests to spend time with both parents.

The courts have moved away from viewing child arrangements as being a right of parents and it is now the belief that any arrangements are the child’s rights. The orders are now termed as ‘living with’ and ‘spending time with’ orders. Any arrangements which are made need to be in the children’s best interests rather than in the best interests of their parents.

If an agreement cannot be reached between parents over the arrangements for their children, instructing a solicitor can assist with negotiating and corresponding with your partner. It is important to remember that court action should always be a last resort.

Talk to IBB Solicitors about divorce today

The divorce process can be long-winded, confusing and stressful. For expert insight and friendly advice, talk to experts at IBB Solicitors today. Whether you’re looking for a quick, stress-free end to your marriage, want to contest parts of your separation or simply want more information on the divorce process and financial settlements, we can help. Call our high net-worth divorce experts with no obligation today on 03456 381381 or email us at familylaw@ibblaw.co.uk