Children Law

Children Law FAQS

Below, we have answered some frequently asked questions concerning children law advice

• Who has parental rights?

  All mothers and most fathers have legal rights and responsibilities as parents – referred to as parental responsibility. By having parental responsibility, it means that you are responsible for and have the legal right to be consulted about important issues concerning your child, e.g. health, education, religion, and welfare.

  Mothers automatically have parental responsibility. However, for fathers, parental responsibility is only granted if:

  • He is married to the child’s mother when the child is born
  • He subsequently marries the child’s mother
  • He is named on the birth certificate when the child’s birth is registered
  • He has entered into a parental responsibility agreement with the mother
  • There is a parental responsibility order made by the Court

• Who has parental responsibility in adoption?

  Under UK law, parents named on a child’s adoption certificate have parental responsibility regardless of their marital status. Those who had parental responsibility prior to the child being adopted would lose this once the child is formally adopted unless it is a step parent adoption in which case the mother will retain parental responsibility and the adoptive father will acquire it under the order.

• Does a foster carer have parental responsibility?

  Although a foster carer does not have parental responsibility he or she will act as the de-facto parent looking after the child on behalf of the local authority who are the corporate parent.

• How to resolve child contact disputes following separation?

  In an ideal world, following a separation, parents will be able to come to an amicable agreement concerning the arrangements for their children (e.g., who the child lives with – the resident parent – and when they can see the non-resident parent). This is beneficial to not only you but also your children.

  However, in many instances, this isn’t the case and there are often bad feelings between parents and their families, which can lead to disagreements regarding living or contact arrangements. Understandably, this often has a negative impact on the children and can lead to distressing, costly, and lengthy Court proceedings.

  If you and your partner cannot come to an agreement concerning child arrangements, then the next step is family mediation. The Government is looking to fund mandatory mediation for separating couples which will mean that couples have to attempt to agree on their child custody and financial arrangements through a qualified mediator with Court action being a final resort. Mediation should always be explored as a way of resolving disputes unless there is abuse in a relationship.

  Mediation can be a cost-effective way of resolving your matters amicably and not having to go through a long Court battle. However, if you still cannot agree then it will be necessary to apply to the Court for orders regarding the care of your children.

• What is a Parenting Plan?

  A parenting plan is a written agreement between two parents. It outlines how they will share the responsibilities and decision-making regarding their children after separation or divorce.

  A parenting plan generally covers issues, such as:

  • Custody and visitation schedules – where will the children live and how much time will they spend with the other parent;
  • Communication methods;
  • How major decisions regarding the children will be made; and
  • How the parents will handle any disputes that may arise.

  The principal aim of a parenting plan is to provide structure and consistency for the children, while also respecting the rights and needs of both parents.

  A parenting plan can help limit conflict and provide a framework for co-parenting that supports the best interests of the children.

• How does child maintenance work?

  Child maintenance is money that the non-resident parent pays to the other parent so that they can help provide for the child. In most cases, this is usually the father, and payments are arranged by separated parents independently of the Child Maintenance Service (CMS). This is known as a family-based arrangement and is the most cost-effective way for parents to agree upon child maintenance payments.

  If parents use the CMS, it will work out how much the non-resident parent is required to pay. These payments will be based on the parent’s circumstances. Payment arrangements can then be made between the two parents.

  If arrangements cannot be agreed upon, parents can use the CMS Collect and Pay scheme. This system calculates the maintenance which is due from the non-resident parent and then takes in the funds. The CMS takes the payment directly from the paying parents:

  • Wages;
  • Bank account; and/or
  • Benefits or pension.

  No contact needs to take place between the two parents. The Collect and Pay scheme is said to often be used by low-income parents who struggle to make payments.

  It’s important to note that parents who live overseas are not required to pay child maintenance through the CMS (except if they were employed by the UK Government or by a UK-registered company). This means if an agreement cannot be reached then an application will go through for the Court to decide.