Children Law Residence, Contact & Parental Responsibility
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If issues concerning children cannot be agreed by the parents, an Application may be made to the court to determine any dispute which arises.
The Children Act 1989 provides that within any application a court must treat the welfare of the children as paramount and should take into account a statutory checklist. This includes:-
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The wishes and feelings of the children – in light of the child’s age and understanding. |
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The child’s physical and emotional needs. |
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The likely effect upon the child of any change in circumstances. |
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The child’s age, sex, background and characteristics. |
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Any harm which the child has suffered or is at risk of suffering. |
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The capacity of each of the parents in meeting a child’s needs. |
Parental Responsibility
Where a child is born within marriage or the parents later marry, both enjoy Parental Responsibility. If the parties never married but the child’s birth was registered after 1.12.2003 and the father is named on the Birth Certificate again both parents have Parental Responsibility. Parental Responsibility is the collection of rights and responsibilities, which exist between a parent and child. They include the right to be consulted on major decisions – such as educational and health questions. A father who does not automatically have Parental Responsibility may apply to the court for it to be granted to him by Order - or it may be granted by a voluntary written agreement in a specified format.
If the court decides to intervene it may make a range of Orders including:-
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Residence Order - this determines where a child lives – for example at the home of a specified parent or increasingly on a “shared” basis between both parents (known as a Shared Residence Order). Care of a child does not necessarily have to be shared exactly equally to merit the grant of a Shared Residence Order. Such Orders may be made to emphasise the significance to both parents and to do so reflects either the wishes of older children or pre-existing practical arrangements (for example both parents had previously worked part time and shared care of children). |
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Contact Order - this provides for the parent with whom the child is not living to see the child. |
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Specific Issue Order – this enables the court to determine specific disputes between parents – for example which school a child might attend. |
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Prohibited Steps Order – this enables a court (often as a temporary measure) to make an Order restraining one parent from taking a particular action in relation to a child – for example, removing a child from the country. |
Certain categories of people are automatically entitled to apply to the Court for an Order under the Children Act:-
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Either parent of that child |
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Anyone who has the benefit of a Residence Order |
Certain additional categories of people may apply for a Residence or Contact Order and these include:-
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A party to a marriage/civil partnership where a child was treated as “a child of the family”. |
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Anyone with whom the child has lived for at least three years. |
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A foster parent with whom the child has lived for at least twelve months. |
Anyone (for example a grandparent – see separate briefing note) may seek an Order from the Court concerning a child – if they first seek leave. The Application for leave is not generally onerous and the court will take into account:-
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The Applicant’s connection with the child |
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The nature of the Application |
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Risk of disruption to the child |
The break up of a relationship can be extremely damaging for any children involved – but it doesn’t always have to be. We are able to advise you as to strategies, which may help you and your children to cope. We publish articles on this site which may assist.
We are able to offer specialist advice.
Call 01323 720142 now for a consultation with a specialist Solicitor or a Lawyer at Lawson Lewis Blakers.
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