Children

As we have mentioned within the divorce section, the details as to the arrangements for children must be disclosed to the court at the start of divorce proceedings. The courts will not intervene if the arrangements appear sensible and are agreed between the parents.

Unmarried parents may need to consider alternative arrangements.

Resolving disputes

In the event of dispute, an application to court can be made for a range of orders to resolve the major factors in the upbringing of children. The most usual applications involve residence (who the children will live with) and contact (how often the children will see the other parent and in what circumstances).

We can make an application on your behalf to resolve these issues. If the matter is to be resolved by the court, it must take into account :

• the ascertainable wishes and feelings of the child concerned (in the light of their age and understanding)
• their physical, emotional and educational needs
• the likely effect on them of any change in the circumstances
• their age, sex, background or any characteristics which the court considers relevant
• any harm which they have suffered or are at risk of suffering
• capability of each of the parents and any other relevant person, of meeting their needs

In the event of an application to court, a Conciliation Appointment will be set 3 or 4 weeks ahead. This is an informal meeting at which the parties are encouraged by the court and a Welfare Officer to negotiate matters through to resolution for the benefit of the children. We can help you at the hearing and, if the negotiations are successful, ask the court to give directions so that the matter may progress to a final hearing, where the court will deal with any issues that couldn't be resolved.

We can then deal with the directions set by the court and provide excellent representation for the final hearing to give you the best chance possible of having the court make the Order you want.

Parental Responsibility

Where parents are unmarried, the mother has parental responsibility from the moment of birth, but fathers do not always automatically acquire it.

Where a child birth is registered on or after 1st December 2003 by both parents together so that the father's name is on the birth certificate then the father will automatically have parental responsibility. If the birth was registered prior to 1st December 2003 or where it was registered after that date but by the mother alone, then the father will not have automatic parental responsibility.

Fathers without parental responsibility can obtain it by re-registering the birth, formal agreement with the mother or by applying for an order through the courts. We can draft out an agreement on your behalf or make a formal application should you wish this. Many unmarried parents do not understand that unmarried fathers currently have no legal rights without an agreement or order.