Child welfare legal advice
Child Welfare
In the breakdown of any relationship that involves children, their welfare has to remain paramount.
Our family lawyers are members of Resolution (previously called "The Solicitors Family Law Association") and as such we do everything we can to discourage conflict over your children which can adversley affect them. We promote a conciliatory and constructive approach in resolving these sensitive family matters.
It may be at the end of a relationship you can come to amicable arrangements about childcare with your ex-partner. Whether you do that, or you need legal intervention to reach an agreement, it’s advisable to draw up formal agreements so that responsibilities are clear and misunderstandings do not lead to further conflict. This section of the website looks at matters relating to children including parental responsibility, residence and contact.
About parental responsibility (PR)
Parental responsibility means taking care over and making decisions in relation to the major issues affecting a child's life before he/she reaches the age of 18. For example care and decision making in relation to their
- Education
- Medical treatment
- Religion
- Trips abroad
- Changing of surname
- Getting married before the age of 18
Parental responsibility is automatically attributed to the married parents of a child, whether they married each other before or after the birth of their child. Parental responsibility is automatically attributed to mothers, even if they are not married to the child’s father. However, unmarried fathers do not automatically acquire parental responsibility after the birth of their child. They can obtain parental responsibilty as set out below.
Obtaining parental responsibility (PR)
There are three ways of obtaining parental responsibility:
- In respect of children born after 1st December 2003 by entering the father's name on the birth certificate when jointly registering the birth with the mother.
- By agreement (we can prepare an agreement on your behalf and arrange its registration with the courts).
- By application to the court.
Although parental responsibility is, at present, automatically attributed to the mother, it does not necessarily follow that she will be solely responsible for that child when a relationship breaks down. Fathers can apply to the courts to be afforded the same responsibility in raising the child and provided they can show a good reason for wanting to acquire PR, they have a good relationship with their natural child and they’re committed to their future, they can be awarded PR by the court.
Step-parents and civil partners can now obtain parental responsibility by order or agreement for their partner's children as set out above.
Parental responsibility disputes
If parents disagree on any major decisions to be taken on behalf of their children, there are a number of ways to resolve such a dispute:
- By attending mediation
- By collaborative law
- By lawyer negotiation
- By application to the court
If no other means of reaching an agreement can be found and an application to court is required. We’ll guide you through the process of making your application to the court and through the process itself, to the hearing if it is not resolved sooner. If you’re in the reverse position and you’re ex-partner has made an application, we are equally able to represent and support your interests in the case.
For more information call 0870 1500 100, or use the links above to drop us a line.