This article is intended to provide a basic understanding of the law. However, if you are reading this article because it is directly applicable to you then we would strongly advocate seeking additional explanation regarding your specific legal position.
What rights does a father have?
A father living in the UK has a right to participate and be consulted in decision making regarding his children and to see his children regularly.. However, the legal rights of a father largely depend on whether or not he has parental responsibility. All fathers who are married to their child’s mother or listed on the birth certificate as the father, automatically have joint parental responsibility with the mother. A father who is not married to the mother, or not listed on the child’s birth certificate, can apply to the court to be granted parental responsibility or can come to an agreement with the mother for joint parental responsibility.
What does parental responsibility mean?
In law “parental responsibility” is defined as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and the child’s property”. This covers day-to-day decisions regarding a child but also how your child will be raised, by what name he or she will be known, which school he or she attends, religious upbringing, holidays abroad, what medical treatment is considered appropriate and so on.
How can a father protect or enforce his rights?
If a father considers he is not being consulted about major issues regarding his children or time spent with the children is being withheld or unduly restricted and agreement cannot be reached legal advise may be required.
Mediation is always strongly encouraged for family disputes and generally can lead to a good outcome. However, if there is a barr to successfully arriving at a solution that both parties are happy with, then the only option is for a Family Court to decide the matter for you.
A Court order is the only way to enforce legal rights. You can apply to the Family Court for a range of different orders that will allow a father to spend time with his child or make other arrangements such as living arrangements. The starting point for the court is the welfare interest sof the child(ren) and that the children have the ordinarily have a right to have a meaningful and fulfilling relationship with both parents if it is safe to do so. A father can also requesta Child Arrangements Order to determine , where and when the child lives partially or totally at his home. This, of course, will depend on many factors including the wishes of the child, the relationship between the father and his child, siblings and other family members or support networks. CAFCASS will normally be appointed to assist the Court in decision making process which may involve background safeguarding checks on all parties involved and possibly a full report to the Court to advise what is considered to be in the child(s) best interests, which may not always accord with the wishes of one or either parent. Depending on the age of the child they may be consulted by CAFCASS and their wishes and feelings conveyed to the Court. These are not determinative however will carry higher weight dependant on the ag and understanding of the child concerned.
The aim of any Court Order will be to ensure the best outcome for the child and to protect them from physical or psychological harm. There will be a series of short hearings and the Judge will then make a decision taking into account the evidence before him and the factors above. The child’s welfare is the paramount concern of any court case.
If you or someone you know wants more information or needs help or advice, please contact us on 01785 336617 or email [email protected].