Irwin Mitchell

Here are the details for this solicitor's practice area of Child Care. Please contact the solicitor using the details listed in the contact panel to the right hand side of this page. You can also choose to send an email enquiry or request a call back.

In the breakdown of any relationship that involves children, their welfare has to remain paramount.

Our family lawyers are members of Resolution (previously called "The Solicitors Family Law Association") and as such we do everything we can to discourage conflict over your children which can adversley affect them. We promote a conciliatory and constructive approach in resolving these sensitive family matters.

It may be at the end of a relationship you can come to amicable arrangements about childcare with your ex-partner. Whether you do that, or you need legal intervention to reach an agreement, it’s advisable to draw up formal agreements so that responsibilities are clear and misunderstandings do not lead to further conflict. This section of the website looks at matters relating to children including parental responsibility, residence and contact.

About parental responsibility (PR)

Parental responsibility means taking care over and making decisions in relation to the major issues affecting a child's life before he/she reaches the age of 18. For example care and decision making in relation to their

• Education
• Medical treatment
• Religion
• Trips abroad
• Changing of surname
• Getting married before the age of 18

Parental responsibility is automatically attributed to the married parents of a child, whether they married each other before or after the birth of their child. Parental responsibility is automatically attributed to mothers, even if they are not married to the child’s father. However, unmarried fathers do not automatically acquire parental responsibility after the birth of their child. They can obtain parental responsibilty as set out below.

Obtaining parental responsibility (PR)

There are three ways of obtaining parental responsibility:

1. In respect of children born after 1st December 2003 by entering the father's name on the birth certificate when jointly registering the birth with the mother.

2. By agreement (we can prepare an agreement on your behalf and arrange its registration with the courts).

3. By application to the court.

Although parental responsibility is, at present, automatically attributed to the mother, it does not necessarily follow that she will be solely responsible for that child when a relationship breaks down. Fathers can apply to the courts to be afforded the same responsibility in raising the child and provided they can show a good reason for wanting to acquire PR, they have a good relationship with their natural child and they’re committed to their future, they can be awarded PR by the court.

Step-parents and civil partners can now obtain parental responsibility by order or agreement for their partner's children as set out above.

Parental responsibility disputes

If parents disagree on any major decisions to be taken on behalf of their children, there are a number of ways to resolve such a dispute:

• By attending mediation
• By collaborative law
• By lawyer negotiation
• By application to the court

If no other means of reaching an agreement can be found and an application to court is required. We’ll guide you through the process of making your application to the court and through the process itself, to the hearing if it is not resolved sooner. If you’re in the reverse position and you’re ex-partner has made an application, we are equally able to represent and support your interests in the case.

Jurisdiction

It is the duty of all parents to ensure they have the consent of the other parent with parental responsibility before removing any child under the age of 18 from the jurisdiction of England and Wales. If consent is not given, it is the duty of the parent wishing to travel to seek authority from the court unless that parent has a residence order in their favour which enables him/her to take the child abroad for up to a month.

If this is not obtained and the child is taken then an offence of child abduction will have been committed. For more information please see the Reunite website.

Residence

This used to be known as custody care and control. Residence refers to where and with whom a child lives. It is not restricted to natural parents.

If agreement can be reached on where the child is to live then a court application and court order is not required – we’ll do what we can to help you reach an amicable decision like this. Where agreement can be reached at an early stage, it’s our view that a child's emotional wellbeing and future relationship with both parents is safeguarded, but this is not always possible. If there are disputes as to where a child should live, there are a number ways of resolving matters:

• By attending mediation
• By collaborative law
• By lawyer negotiation
• By application to the courts

We can arrange referrals to the mediation services and write to your partner or his/her lawyers to constructively and amicably resolve the problems. We’ll also represent your best interests if you want us to negotiate with them through their lawyer.

If all else fails and a court application is necessary then we will advise you on the merits of your case. We’ll prepare all necessary paperwork and explain the court process so you’re completely clear on what will happen.

The court will consider what is in a child's best interests as the "paramount consideration" in any dispute. The court must consider a checklist of issues when deciding where a child should live:

• The ascertainable wishes and feelings of the child, taking into account his/her age and understanding
• The child's physical, emotional and educational needs
• The likely effect on the child of any changes in circumstances
• The child’s age, sex and relevant background characteristics
• Any harm the child has suffered or at risk of suffering
• How capable each parent or any other person is whom the court consider to be relevant of meeting the child's needs
• The range of powers available to the court under the Children Act in the proceedings in question

There is no prescribed age when a child is considered to be old enough to decide her/his own residence. This depends on maturity.

Contact

This used to be known as access. It refers to how often and with whom a child has contact. It is not restricted to natural parents.

If agreement can be reached on how and when the child is to have contact then a court application and court order is not required - we'll do what we can to help you reach an amicable decision like this. Where agreement can be reached at an early stage, it's our view that a child's emotional wellbeing and future relationship with both parents is safeguarded, but this is not always possible. If there are disputes on contact, there are a number of ways of resolving the matter:

1. By attending mediation
2. By collaborative law
3. By lawyer negotiation
4. By application to the courts

There is no prescribed age when a child is considered to be old enough to decide whether they should or should not have contact and the terms of any such contact. This depends on maturity.

For more information call 0870 1500 100.

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