Children Law

Many mothers think of themselves as single parents. Many of those mothers will not legally be sole parents as they may share parental responsibility for their child. Parents often ask me how they can get or lose parental responsibility for their child. In this blog I answer the question "can a father lose parental responsibility for his child?" We are Cheshire children solicitors If you have a question about parental responsibility or can't reach an agreement over custody and contact and want to make an application to court then the experienced team of children solicitors at Holmes Chapel and Whitefield based Evolve Family Law solicitors can help you. Contact us today Mothers and parental responsibility Mothers automatically have parental responsibility for their child so usually parents want to know: Whether on separation or divorce a father has parental responsibility for his child; and If a father doesn’t have parental responsibility for a child how he can get it; and If a father does have parental responsibility for his child, whether he can be made to surrender his parental responsibility.   What is parental responsibility? Understanding what parental responsibility means is essential in order to know whether you should have it or if you need it and if parental responsibility can be lost. Parental Responsibility is the obligations and responsibilities a parent has for a child. If a parent has parental responsibility for their child, they will: Have a say in how their child should be brought up and in making major parenting decisions such as should the child change school, move abroad to live  or change religion; Have a right to receive certain information, such as school reports and copy medical records ; and Have the ability to consent to matters on behalf of their child, for example, consent to medical treatment for a young child.   Who has parental responsibility for a child? In order to know if you can make an application to court for the other parent to lose their parental responsibility you first need to know who has parental responsibility and how you can get it.   A person has parental responsibility for a child if they are: The birth mother; The adoptive parent of a child; The father of a child who Is or was married to the child’s mother; If the child was born after the 1 December 2003, and the father is named on the child’s birth certificate; Has signed a parental responsibility agreement with the child’s mother; Has a parental responsibility order. Looking after a child under a Residence Order; Parents via a surrogacy arrangement and have a parental order; A step parent of a child who has a parental responsibility agreement or court order.   How do you get parental responsibility? If you do not automatically have parental responsibility for your birth child you can get parental responsibility through: Signing a parental responsibility agreement with the mother; Applying to court for a parental responsibility order.   How can a mother lose parental responsibility? A mother can only lose parental responsibility for her child if the child is adopted.   How can a father lose parental responsibility? If an unmarried father has gained parental responsibility by parental responsibility agreement or court order then an application can be made to court to remove his parental responsibility for the child.   The court will only terminate a father’s parental responsibility if the circumstances are exceptional and the termination of parental responsibility is thought to be in the child’s best interests.   Applying to remove parental responsibility Applying to court to remove a father’s parental responsibility is rare, as the court has said that they will only remove a father’s parental responsibility if the circumstances are exceptional. The court will not terminate parental responsibility if: The child doesn’t want contact; or The father won’t see the child ; or The father won’t pay child support; or The father will not play any part in the child’s life and has ‘disappeared off the scene’.   Behaviour to terminate parental responsibility The court has always said that behaviour to justify terminating a father’s parental responsibility has to be exceptional or extreme. Being an absentee or inconsistent father is not considered exceptional or extreme.   A recent case resulted in a father losing his parental responsibility. The high court made the decision after hearing that the father referred to his autistic son as ’retarded’, used his parental responsibility to delay medical treatment for the child and had written to the mother’s neighbours referring to the child in unpleasant terms. The court thought continued behaviour of this nature would be damaging to the child.   Can a father lose parental responsibility for his child? To answer the question, yes, a father can lose parental responsibility for his child. However, this type of court application is very rare and generally, it is better that parents focus on resolving the day to day practicalities of parenting children after a separation or a divorce. That may involve shared parenting or a mainly absentee father who frustratingly wants to dip in and out of the child’s life. Even though the court will not normally strip a father of his parental responsibility there are various orders that judges will make to protect children such as child arrangements orders, specific issue or prohibited steps orders. These types of children law order do not go to the extreme of removing parental rights but can significantly limit the role a father can play in a child’s life provided it is in the child’s best interests for the father’s involvement in the child’s life to be restricted. [related_posts] If you are worried about parental responsibility or need a parental responsibility agreement or parental responsibility order or help with sorting out  custody and contact  then the expert team of children solicitors at Holmes Chapel and Whitefield based Evolve Family Law solicitors can help you. Contact us today

Whether parents are together or apart it is all too easy to fall out over the parenting of children. Sometimes it is something little like why one parent thinks it is ok to let the children put their shoes on the sofa or eat pizza every night of the week, ignoring the 5 a day rule. It is a lot harder to reach an agreement on parenting if you are separated. There can be a lot of miscommunication or assumptions made that can turn what was a relatively minor disagreement to a full blown argument, often including a debate on the other parent’s failings whilst you were living together. When this comes to gender identity in children and the law, it is often necessary to involve a children law solicitor. As an experienced Manchester children solicitor, I know this description will ring true with many families, though their big issue might be homework or the shoes off at the door rule. Imagine though if the issue with your child was bigger? It used to be the case that when parents separated the ‘big issue’, after sorting out custody and access, was whether the children should be privately educated or not. Sometimes the argument was about the money for school fees but often it was an ideological argument with one parent being opposed to all forms of private education as a matter of principle and the other parent analysing school exam results in state and private schools and concluding that private education was best. Nowadays the parenting debates and disagreements have moved on to new topics, though the old battle areas of diet and homework are still very much alive. The new topic is gender identity. If a child questions their gender identity then it is tough for any child and their parents but particularly so if the child’s parents are separated and they can't put differences aside to co-parent together or one parent has very strong views on their child’s gender identity and objects to a referral to a specialist service. Gender Identity in Children: Children Gender Identity In The News The topic of gender identity in children was in the news recently with reports that the National Health Service specialist service for children wanting to change genders has seen a 700% increase in referrals over the past 5 years, with Polly Carmichael, director of the National Health Service gender service telling the Sunday Times that some children may be caught up in something, rather than it being an expression of something that has arisen from within. Children and  gender identity is likely to continue to hit the headlines , with reports that in one secondary school there are 40 children who do not identify with their sex at birth and a further 36 who would describe themselves as gender fluid. These figures come from a council survey of children at the state comprehensive school. It is therefore likely that increasing numbers of parents will face difficult decisions as to whether treatment should be explored and, if so, at what age. But what about the parents that just can't agree on what their child should eat or time they should go to bed, let alone their child’s gender identity. If 2 parents can't agree on what is best for their child then what are the legal options? Gender Identity in Children and Applying For a Specific Issue Order Or A Prohibited Steps Order If 2 parents can't reach an agreement on the parenting for their child, and in particular on what steps, if any, to take about the child’s gender identity then either one of them has the option of starting court proceedings  for a specific issue order or a prohibited steps order. Court proceedings should be used as the very last resort after all over attempts have been made to try and agree the way forward. If the parents ability to communicate with one another has been lost then professional help such as: Mediation; or Family therapy; or Individual therapy Can help resolve parenting disputes or at least ease communications even if the parents can't agree on an important aspect of their child’s life. If a court application is made for a specific issue order the parent is asking the court to decide on a specific issue, for example, whether the child should be allowed to attend the National Health Service specialist gender referral unit. If a parent of a child has agreed to the child participating in therapy or starting to take medication and the other parent objects on the basis that the child is too young or for their own reasons  they can apply to the court for a prohibited steps order to stop the other parent from allowing the activity to happen. What about the child’s rights and wishes?   If a child is over the age of 16 they are presumed to have capacity to make their own decisions about medical treatment, even if is the treatment relates to their gender identity. If a child is under 16 the child may be able to consent to medical treatment if they are old enough to make an informed choice as a result of having sufficient intelligence and maturity to fully understand what is involved in the treatment. If parents can't agree on what is right for their child and court proceedings are started for a specific issue order or a prohibited steps order the court will look at a range of factors before deciding on whether or not the court order is in the child’s best interests. One of the factors that the court will look at is the child’s wishes and feelings. The views of an older or more mature child will obviously carry more weight than the wishes of a toddler or a 7 year old. How Can Evolve Children Law Solicitors Help in Gender Identity in Children? At Evolve Family Law we recognise that parenting is tough at the best of times, let alone when you are going through a separation or a divorce. That is why we provide help to parents who feel that they have reached an impasse with their former partner and need help to guide them through their family law options. Contact our expert children law team today For advice and information about any aspects of children law, parenting arrangements or specific issue and prohibited steps orders please  call me on +44 (0) 1477 464020 or email me at louise@evolvefamilylaw.co.uk           

Behaviour that a parent views as parental alienation may, to the other parent, be reasonable. Children solicitors and family judges do not always agree on what amounts to parental alienation either, because parental alienation is a very subjective concept. However when a parent’s attitude towards their ex-partner steps beyond the line it amounts to parental alienation. The debate is normally where the line is crossed and what should be done about it. The Definition of Parental Alienation Lord Justice McFarlane defined parental alienation as: ‘’The turning of the mind of a child against  a parent by the other parent , either deliberately or inadvertently , resulting in the child holding a wholly negative view of the other parent and that negative view not being warranted by the other parent’s behaviour to the family or in the parent - child relationship.’’     What Can You Do About Parental Alienation? If you think your children have been alienated from you because of comments or actions on the part of your ex-spouse or partner then we recommend that:   Reflect and take time to look at your behaviour. Have you made negative comments about the mother or father? If so, could they be aware of the comments and could that have escalated parental tension?     Analyse why the children may be feeling negative about contact. Could their attitude be in some way down to your behaviour or your new circumstances? For example have you had to rearrange many contact visits or not been able to get to school sports day? Do you have a new partner and stepchildren or have you moved home? Sometimes it is easy to blame your ex-spouse or partner for the children not wanting to see you. However sometimes it pays to be honest with yourself and look at whether the children’s views may be down to your behaviour or changes in your home circumstances.   Look at temporary alternatives to direct contact. If contact has stopped as your ex-spouse has said, the children do not want to see you, then still try to maintain contact. Even if you cannot see the children, you may be able to send text, emails, cards and gifts. It can be hard to keep sending notes and messages to a child and get nothing back but it is important to persevere. If your ex-spouse stops direct contact and you do not maintain indirect contact then it will be harder to restart the relationship with the children. It is hard to write and contact a brick wall but it is worth doing so that your children know that they are not forgotten.     Don’t delay If you think that parental alienation is taking place it can be hard to know what to do. Sometimes it is tempting to think that the best thing is to do nothing because you think the children will ‘’come round in time’’ or that your ex-spouse will mellow and let you see the kids. If a long time goes by without seeing the children it will be harder to restart contact. Even if you fear that you have left it ‘’too late ‘’ remember the adage that it is ‘’ never too late’’.   Take legal advice If your ex-spouse has stopped contact and it is down to parental alienation then take advice from a specialist children solicitor. Parental alienation can be difficult to prove and even trickier to sort out. It is therefore important that you get legal advice on your options.   Be open to alternative options If you get legal advice from a specialist children solicitor, they will not necessarily advise you to start court proceedings. Expert solicitors should look at a range of options and work with you to make sure that your relationship with the children is resumed as quickly as possible and without causing additional animosity with your ex-spouse. Alternatives to court proceedings for children orders include: Mediation Family therapy Counselling Round table meetings with solicitors   What Can a Judge do about Parental Alienation? If you start court proceedings and the judge decides parental alienation is a possibility, the following orders can be made: The appointment of a court appointed expert assessment to assess if parental alienation has occurred and the impact on the children ; A child arrangements order so you can have contact with the children. The contact could be built up gradually at the pace of the children; In extreme cases where a judge finds that the parental alienation has caused emotional harm the judge can change the primary carer of the child.     [related_posts] How can Evolve Family Law help you? Evolve Family Law is a niche family law firm with offices in Cheshire and Manchester. We advise on all aspects of divorce, family, and children law. All of our solicitors at Evolve are specialists in either children or family finance law. Our joint director Louise Halford has years of experience in representing parents in complex and highly emotionally charged children court proceedings. Many of her cases have involved allegations of parental alienation. Louise Halford tenaciously represents parents in children proceedings and secures children arrangement orders for access and contact in often highly complex and emotional cases. Louise Halford and the children law team at Evolve will work with you to help you reach a solution. Contact us today.

At the start of the long school summer holidays or just before children break up for their Christmas holidays I tend to get asked the question whether a father can stop a mother taking their child on holiday. A typical Cheshire children solicitor’s reply is ‘that it all depends’ and that’s not a cop out as when answering children law legal questions you need all the facts to be able to give an accurate answer. We Are Cheshire Children Law Solicitors If you need legal assistance or can't reach an agreement over custody and contact and want to make an application to court then the experienced team of children solicitors at Holmes Chapel and Whitefield based Evolve Family Law solicitors can help you. Contact us today. Questions about stopping holiday contact To answer the question ‘can a father stop a mother from taking their child on holiday?’ a Cheshire children law solicitor needs to know the answer to these sort of questions: Are there any existing children court orders in relation to the child? Does the mother have a custody order (also known as a residence order or a child arrangements order); Does any existing court order state what the mother is allowed to do in relation to holidays with the child; Does the mother plan to take the child on holiday abroad and, if so, for how long? Does the mother plan to take the child on holiday in the UK, and if so, for how long; If relevant, who else will be accompanying the child on holiday (sometimes the objection to a holiday is more about mother taking her new partner on holiday with her or being joined by her partner’s children); Will the proposed holiday impact on father’s contact with the child? If so, has the mother offered alternative contact; If the holiday is abroad are there any child abduction concerns and, if so, what grounds are they based on; Have there been any previous occasions where the mother has withheld contact before or after a holiday; Are there any particular concerns about the specific holiday, for example, is the holiday destination somewhere that the Foreign Office warns UK citizens to avoid travelling to? Is the holiday destination a country that isn’t a member of the Hague Convention and there are fears of child abduction; Are there any particular concerns about the holiday dates, for example, a ski trip over the Christmas period or a holiday booking that would result in a child missing a few weeks of school; Does the child already know about the proposed holiday? Do they want to go on the holiday? [related_posts] Children law and stopping a mother from taking a child abroad on holiday If a mother has a court order saying that she is a primary carer of the child (such as a custody order, residence order or child arrangements order) then unless there are any other types of court order in place to stop foreign holidays then she will be able to take the child on holiday for a period of up to 4 weeks without first having to get the permission of the father or anyone else with parental responsibility for the child. If a father has a really genuine objection to a mother taking their child on holiday abroad they could still apply to court for a specific issue order or prohibited steps order to try and stop the holiday from taking place. The court would make a decision based on what the court thought was in the best interests of the child.   If a mother takes her child abroad on holiday without the father’s agreement or court order then she might be guilty of the offence of Child Abduction in the eyes of the Court.   Nowadays most parents don’t have a court order for custody or residence or a child arrangements order. That is because the court is normally reluctant to make a children court order unless parents can’t agree on the day to day care arrangements for their child at the time of their separation or divorce. That means if either parent wants to take the child on holiday to a foreign country they need the other parent’s agreement or a court order. It is important to put your agreement in writing so both parents know what has been agreed to.   Children law and stopping a mother from taking a child on holiday in England If a father objects to a mother taking a child on holiday in England then it is often because it will impact on their contact time with the child or the child will miss an important paternal family celebration, such as a grandparent’s ruby wedding party. If there are existing children court orders in place it may be necessary for the mother to apply to court to allow her to go on holiday with the child because, for example, the court order says father is to have contact every Saturday and she plans to go on holiday for a fortnight. Whether or not there are existing court orders in place the father could apply to court for a specific issue or prohibited steps order to stop the holiday from taking place or to ask the court for additional contact to make up for the time missed with the child during the holiday.   Should you object to a child going on holiday? That is always a difficult question for a Cheshire children solicitor to answer as so much depends on the reasons why you oppose the holiday and whether you can reach a compromise with the mother. Sometimes the fear of child abduction is such that a father has no alternative but to make a court application to stop the holiday. At other times negotiations by a Cheshire children law solicitor can sort out fair holiday and contact arrangements without needing to make a court application.

A case in the papers last week brought home to me how child abduction can devastate a family through the loss of a child. After years of battling with people who were once loved ones and trying to fight your way through a legal system to get family court orders to help you recover your child the process can be exhausting. As an experienced Manchester children law solicitor, over the years I have helped many parents in their child abduction fight to recover custody of their child. I have seen, at second hand, just what a toll child abduction can take, not only on the parent but on the extended family, such as half siblings or grandparents. What was it about the child abduction case in the media that caught my eye? It is difficult to say, maybe it was her 6 year fight for the return of her daughter or it could simply be the time of the year with shops putting up Christmas decorations and thoughts therefore turning to families and home. The Case of a Child Abducted Abroad by the Father The mother in question had left her 3 month old daughter in a cafe with the child’s father whilst she went shopping. He said that he would have a coffee but instead he abducted the child to Libya to stay with his mother. 2 years later, on the father’s return to the UK, he was sentenced and served a 4 year prison term for child abduction. Now out on license and living in the UK he says that he can’t secure the return of the little girl, who will soon be 7, as it is beyond his control. The child’s mother is making court applications in the UK for an order that the father return the child to the UK or face further prison time as well court proceedings in Libya in the hope that one of the court jurisdictions will be able to secure her daughter’s return. As a children solicitor, it is my experience of representing parents in child abduction cases that makes me listen intently when I meet a parent who wants advice about their husband, wife, former partner or extended family member wanting to take a child abroad on holiday. Some parents have half formed tentative worries about child abduction that are all too easy to only half hear and ignore the signals and others have massive concerns but without any of the trigger worries. Is there a way that you can assess whether a child is at serious risk of child abduction? Sadly, in most child abduction solicitors experience there isn't although there is always a heightened concern in cases where a parent or his extended family having links to another country, the ease with which the parent could simply disappear or if there are no real ties to the UK, such as property or a well-paid career. It simply isn't possible to put children in cages to protect them from child abduction or the other ills that they inevitably face as they grow older. I do however appreciate why so very many parents worry about their child and the risk of abduction by the other parent. It is equally understandable that some separated parents, perhaps with dual citizenship or family abroad, feel that they live under constant suspicion of child abduction and that influences their relationship with the child’s other parent. Sometimes that fear can even affect the parent - child relationship if there is a really hostile environment of fear between the parents and the child picks up on that. So if wrapping a child up in cotton wool is not a practical solution what other options are there to avoid the risk of child abduction? Any specialist Manchester children solicitor will tell you that there is no one solution but that if you have any fears about child abduction you should seek legal advice on child abduction and family court orders to protect the child , such as specific issue and prohibited steps orders , as quickly as you can to try and avoid the situation arising. If it does and the child has been taken to a Hague Convention country it certainly will be easier to locate and recover the child than to a country, such as Libya, that isn't a signatory to the Hague Convention. [related_posts]

As a Manchester divorce solicitor I get asked the question ‘do I have to pay child maintenance and the mortgage’ a lot. People want to know where they stand financially if they are contemplating a separation or divorce or are thinking about leaving the family home. Read on to find out. We Are Manchester Divorce Solicitors If you need legal advice about paying child support and the mortgage or need help with reaching a financial settlement then Manchester divorce solicitors at Evolve Family Law in Whitefield can help you. Contact us today. Paying the mortgage and child support The answer to the question ‘do I have to pay child maintenance and the mortgage’ all depends on your housing circumstances and financial position. Giving expert divorce solicitor advice depends on carrying out the right fact finding to give the correct legal answer. That is because resolving financial claims on separation or divorce is a bit like putting a jigsaw together, you can't look at one piece in isolation to the rest of the picture. Questions on child support and the mortgage To answer the question ‘do I have to pay child maintenance and the mortgage’ a Manchester divorce solicitor needs to know the answer to these sort of questions: Do you own the family home either in your sole name or jointly with your ex-partner? Are you married to your ex-partner or in a civil partnership or were you in a cohabiting relationship? Are the children your biological children or your step children? Are you named on the mortgage, either as a party to the mortgage document or as a guarantor to the mortgage? Is any member of your family a guarantor to the mortgage? Is there a cohabitation agreement or deed of trust or prenuptial agreement that sets out what should happen if you separate from your ex-partner in relation to who keeps the family home and who pays the outgoings and mortgage on the family home in the event of your separation? Have you or your ex-partner left the family home already? If so, are you paying rent and what is the amount of the rent? Is the mortgage an interest only mortgage or is it a repayment mortgage? Are there any linked endowment policies? Are you already paying child maintenance under an assessment by the child maintenance service? Are you already paying spousal maintenance to your estranged husband or wife on a voluntary basis or under a court order? How much are the mortgage payments? Would the mortgage company agree to a mortgage holiday without your credit rating being affected? How much is your rent? How much is your income and how much is your ex-partner’s income? What are your current financial commitments and essential expenditure? You can see from this long list of questions that the answer to whether you should pay both child maintenance and the mortgage isn't always straight forward. The answer will depend on the status of your relationship, the way you own the family home and your financial situation. Joint or sole ownership of the family home If you are a joint or sole owner of the family home and your name is on the mortgage deed then if the mortgage isn't paid then this could affect your credit rating. That applies whether or not you are living at the family home or have moved out. When you decide to separate or divorce it is important to maintain your credit rating as the mortgage company may not agree to the mortgage on a jointly owned family home being transferred out of joint names into one partner’s name if there are or have been mortgage arrears. Equally if you can't get the family home transferred into your ex-partner’s name and your name released from the mortgage then you may find that you can't get another mortgage company to offer you a new mortgage to buy a new property. The long term implications of souring your credit rating mean that it is essential that both you and your ex-partner think about the potential long term consequences of not agreeing who will pay the mortgage on the family home. [related_posts] Rules on child support and paying the mortgage If you are paying child support under a child maintenance service assessment you may think that your child support payments should cover the cost of the mortgage on the family home as well as gas, electricity, food for the children and their clothes. The answer depends on a number of factors: If you aren't married to the child’s parent and the family home is owned in their sole name (rather than in joint names or your name) then all you are legally obliged to pay is the child support amount. With most legal answers from a Manchester divorce solicitor there is a caveat; if you are a high earner your ex-partner could apply for top up child support from the court or they could apply to court on behalf of the child for housing help. If you are married to the child's parent and the family home is owned in their sole name (rather than in joint names or your name) then if the child support payments aren't enough to cover the mortgage payments and other household bills then your spouse or ex-spouse could apply to court for spousal maintenance . This type of maintenance can be paid on a short or long term basis. To make a decision on whether spousal maintenance should be paid the court would look at both of your incomes and reasonable outgoings and your respective needs. If you are paying child support for your child under a child maintenance service assessment but you are also paying the mortgage on the family home that you used to live in with your ex-partner then provided that your ex and the child are still living at the family home you can ask the child maintenance service to carry out a special expenses variation to reduce the amount of your child maintenance service assessment. The variation application will only work if you don't have any legal or beneficial interest in the property. What are my next steps? I have only touched on a few potential scenarios and answers to the question ‘do I have to pay child maintenance as well as the mortgage‘. It just isn't possible to give an expert answer to ‘do I have to pay child maintenance as well as the mortgage’ without all the relevant facts relating to your personal and financial circumstances. When you are looking at sorting out your finances after a separation or divorce it pays to take expert legal advice from Manchester divorce solicitors as I have often found that people either pay too much in financial support (resulting in their ex-partner being unwilling to move on and sell the family home) or too little (resulting in court applications for spousal maintenance and contested financial claims). Taking expert legal advice from a Manchester divorce solicitor will help you get the balance right in deciding whether you should pay both child support and the mortgage.

If you're wondering 'what legal rights do step parents have?', we have the answers for you here. Step parents often get bad press, stepping into already made families and having to find their role. Jigsaw relationships can get very complicated with the arrival of additional children or, for example, on the breakdown of a second marriage. It is not surprising that many step parents feel that they have a lot of the responsibility for caring for step children but few, if any, legal rights.  Sometimes it is not until a step parent is challenged that they realise that the law treats step parents differently to biological parents. That challenge can be anything from nursery staff asking if a step parent has the biological parent’s authority to collect a child from nursery or the school nurse needing the biological parent’s agreement to the immunisation of a child. These scenarios are what many step parents face on a daily basis. That can be frustrating especially when one of the biological parents could be ‘off the scene’ leaving the step parent to parent the child. So what rights does a step parent have? Who is classed as a step parent? In this day and age with so many different types of relationship many people are referred to as ‘step parents’ but legally to be considered  a ‘step parent’ you have to be married or have been married to the child’s biological parent. If you are living in a cohabiting relationship with a parent of children you are not classed as a step parent but you may still be able to ask the court to make orders in your favour provided that you are considered a significant person in the child’s life, and the court gives you permission to apply for a court order. Does a step parent automatically have parental responsibility for their step children? We all know that children say ‘you can't do that, you are not my parent’ but in some situations a step parent can acquire parental responsibility for a step child. Parental responsibility is one of those legal concepts and means that an adult (normally the biological parent) has rights and responsibilities for their child, understanding what a Parental Responsibility Agreement is goes a long way to understand your legal rights as a step parents. A step parent can get parental responsibility for a child if: A court makes a child arrangements order saying that the child should live with the step parent or with the step parent and another person, such as one of the biological parents; When a step parent adopts a step child ( this type of adoption is now uncommon); When a parental responsibility agreement is signed by all those who hold parental responsibility for the child. The people with parental responsibility for the child are normally the child’s mother and the child’s biological father providing he has met certain criteria; A court makes a parental responsibility order on the application to court by a step parent. [related_posts] What Is Step Parent ‘Parental Responsibility’? Parental responsibility is about the rights and responsibilities for a child, whether the child is biologically yours or a step child. If a step parent gets parental responsibility for a child they have exactly the same rights and responsibilities towards the child as all the other people who hold parental responsibility. No one person’s parental responsibility is more important than anyone else who has parental responsibility. If there is more than one person with parental responsibility for a child and they can’t agree on what is in a child’s best interests anyone with parental responsibility can make an application to the court to decide the question in dispute by making a specific issue order. How do you get step parent parental responsibility? If a mother agrees to a step father having parental responsibility for a child the easiest way to get parental responsibility is to fill in a parental responsibility agreement. The form records that the step father of the child is acquiring parental responsibility for the child. The stepfather will then share parental responsibility with the child’s mother. If the child’s biological father has parental responsibility he will also need to agree to the step father acquiring parental responsibility for the child.    As parental responsibility is an important legal concept the document has to be a standard agreement form and signatures have to be witnessed at your local court. Paperwork confirming the parents and child’s identity also need to be produced. Do you have to pay child support if you have parental responsibility for your step child? Whether or not you have legal parental responsibility for your step child you may be asked to financially support your step child if you separate. The financial responsibility comes from the fact that you married the child’s parent and doesn't have anything to do with the fact that you have parental responsibility for the child. The child maintenance service usually assesses how much child support should be paid for a child. However there are exceptions to this rule and in the case of step parents only a family court (and not the child maintenance service) can order that a step parent contribute financially towards their step child’s upbringing.    Do step parents have an automatic right to see a child if they separate from the child’s biological parent? A step parent doesn't have an automatic right to continue to see a step child if they separate from the biological parent of the child. Some people think that is wrong but the person may not have been a step parent for very long before the marriage broke down or the child may already have a very large and complex family structure involving contact with biological dad as well as a first step dad and the various sets of grandparents and step grandparents. For a child it can be very difficult to juggle contact with family as well as meet homework deadlines and keep up with sporting commitments and see school friends. If a step parent believes that they are significant to the child and ongoing contact with the child is opposed then the step parent can ask the court for permission to apply for a child arrangements order allowing them to see the child. A court will decide on whether the contact is in the child’s best interests. For legal help with any aspect of children law please Contact Us

Parental responsibility is one of those phrases most parents think is a bit self-evident. After all if you are a parent then you have responsibility for your child. Simple isn’t it? It is only when parents separate or divorce that the vaguely heard of legal concept of parental responsibility can become a bone of contention between parents with them not always fully appreciating what the legal concept of parental responsibility is, whether they already have it and, if not, how to get a parental responsibility agreement. What is parental responsibility? At its simplest, parental responsibility is about the rights and responsibilities for your child. Many parents sail through life without needing to know about the legal concept of parental responsibility, automatically assuming that they have the right to decide on whether their child is enrolled at a particular school and that they can make decisions on behalf of their child such as whether their son or daughter should be immunised or have a haircut. In other families life isn't as simple and they need to know where they stand on parental responsibility. Who has parental responsibility? For many parents there is no need to get a parental responsibility agreement because they already have parental responsibility. Parents who automatically have parental responsibility are: ● The child’s mother; ● The child’s father if he is married to the child’s mother; ● The adoptive parents of an adopted child; ● The child’s father if he is named as the father on the child’s birth certificate (after a certain date depending on where the child was born in the UK); ● If the child’s parents are unmarried the child’s father will have parental responsibility if he registered the child’s birth with the mother (after a certain date depending on where the registration took place in the UK). How do you get parental responsibility? If a mother agrees to a father having parental responsibility for a child the easiest way to get parental responsibility is to fill in a parental responsibility agreement. The form records that the biological father of the child is acquiring parental responsibility for the child. The father will then share parental responsibility with the child’s mother. As parental responsibility is an important legal concept the document has to be a standard agreement form and signatures have to be witnessed at your local court. Paperwork confirming the parents and child’s identity also need to be produced. [related_posts] What if parental responsibility can’t be agreed? If the child's mother and father cannot agree on whether the child’s father should have parental responsibility the father of the child can apply to court for a parental responsibility court order. The court will usually grant an application for a parental responsibility order unless there are unusual circumstances resulting in it not being in the child’s best interests for a parental responsibility order to be made. Do you have to pay child support if you have parental responsibility for your child? Whether or not you have legal parental responsibility for your biological child you are still under a financial obligation to support your child .If you cannot reach an agreement over the amount of child support that should be paid for your child an application can be made to the child maintenance service. What happens if both parents cannot agree on how they should share parental responsibility for their child? If two parents have parental responsibility for a child they share parental responsibility; neither parent has more ‘rights’ than the other. If they cannot reach an agreement over the arrangements for their child, such as: ● Should the child have a medical procedure or immunisation; ● Should the child be baptised or circumcised; ● Should the child attend a religious faith school or a boarding school Either parent can apply to court for a specific issue order for the court to decide on the issue in dispute between the parents. The court will make its decision based on what it thinks is in the best interests of the child. If a father doesn't have parental responsibility for a child by agreement or court order he is still able to apply to court for orders relating to the child, such as child arrangement or specific issue orders. For legal assistance with any aspect of children law please Contact Us.