Disputes between parents and relations over children can be painful and protracted. They should be resolved as soon as possible for the benefit of all involved, especially the children concerned.
Clough and Willis Solicitors have a dedicated team of family law specialists who are headed by a Resolution accredited specialist who can advise on all child related disputes. We can also advise on the appropriateness of referring the dispute to a mediator and deal with negotiation of child arrangements on your behalf. If required, we represent parents and grandparents within Court proceedings.
The best interests of the child or children should be at the forefront of any decision-making process; however, specific child-related issues, such as residence (where the child or children will live) or contact with parents, may sometimes have to be settled in court. Clough and Willis Family Law department aims to provide a service and solutions that are compassionate, appropriate and above all child-focused..
Court proceedings can usually involve applications for Parental Responsibility Orders, Residence and Contact Orders. However, we also advise and represent parents on applications to the Court for Prohibited Steps Orders (e.g. to prevent one parent taking the child abroad) and Specific Issue Orders (e.g. the change of a child's surname, approve medical treatment, education, religious upbringing, etc).
Parental Responsibility
The mother of a child at its birth automatically acquires parental responsibility (PR).
A father can acquire PR in the following ways:-
- Marriage to the mother (at any time).
- Both parents entering into a Parental Responsibility Agreement.
- Court order.
- For a child born after 1 December 2003, the father will automatically acquire parental responsibility if with the mothers consent he is named as father on the birth certificate.
A step parent, may, following recent changes in the law also acquire Parental Responsibility with the agreement of those with it already or otherwise by court order. However, it is always worth bearing in mind any person with Parental Responsibility may delegate it to another at any time. This can be done by a simple letter to evidence this and is often used for grandparents acting as child minders.
Key Parental Responsibilities
A person with parental responsibility has all the rights, responsibility and obligations for the upbringing of the child. If there is more than one person with parental responsibility, there is a duty upon them to consult on any issue concerning a child’s upbringing which in the event of dispute may require an application be made to the Court for a Specific Issue Order.
Key roles include:-
- Providing a suitable home for the child
- Having contact with/living with the child
- Protecting and maintaining the child
- Disciplining the child Choosing and providing for the child's education
- Determining the religious upbringing of the child (if any)
- Agreeing to a child's medical treatment
- Naming the child/agreeing to any change of name
- Accompanying the child outside the United Kingdom/agreeing to the child's emigration should the issue arise
- Being responsible for the child's property
- Appointing a guardian for a child if necessary (for example in a will)
- Allowing confidential information regarding a child to be disclosed
Child Abduction Cases
The removal of a child out of the United Kingdom with the intent this be permanent is a criminal offence under the Child Abduction Act 1984 if done without the consent of any other person with parental responsibility or otherwise than with the permission of the Court. A person with a Residence Order may not remove a child from the United Kingdom for more than a month without the permission of the Court or otherwise with the written consent of all other persons with parental responsibility.
Child Taken Abroad
If you believe your child may be immediately removed from the UK (i.e. within 48 hours) you should contact the police and request they institute an "All Ports Alert". A photograph of the child assists.
In all child related matters the welfare of the child is paramount. There are numerous specific factors taken into account in the Court's overall discretion as well as all the circumstances of the case.
If you would like to arrange an appointment with Clough and Willis Family Law Solicitors to discuss your rights as a parent in children disputes, please phone 0161 761 4730 or contact Lee Marston, lee.marston@clough-willis.co.uk or Marie Whittaker, marie.whittaker@clough-willis.co.uk.
