Children Matters

Parental responsibility gives the right to a party to be involved in decisions concerning a child. Parental responsibility does not come to an end when a parent stops living with the child; it only ends when the child becomes an adult.

Married parents share responsibility for the child whereas unmarried fathers do not automatically have this responsibility. Unmarried fathers can acquire parental responsibility by:-

(a) Being named on the birth certificate if the child was born and registered after 1st December 2003.

(b) By entering into a Parental Responsibility agreement with the Mother.

(c) By order of the court.

(d) By marrying the mother.

Court orders – A Practical Guide

Sometimes circumstances dictate that one parent or sometimes a third party feel compelled to seek an order of the court in relation to a child. But what can the court order and what will the court consider when making its decision?

The orders available are:-

• A Residence Order which determines where a child shall live.
• A Contact Order which requires the parent with residence of the child to facilitate contact with the non-residential parent.
• A Prohibitive Steps Order will prevent one parent doing something like taking a child out of the country.
• A Specific Issue Order will decide a particular point of dispute between the parents such as which school the child should attend.

In making a decision in relation to any of the orders it can make, the court will apply the Welfare Checklist set out in the Children Act 1989 namely:-

• The wishes and feelings of the child concerned in view of their age and understanding;
• The child’s physical, emotional and educational needs;
• The likely effect on the child of any change in circumstances;
• The child’s age, sex, background and any other characteristic that the court considers relevant;
•  Any harm the child has suffered or is at risk of suffering;
• How capable each of the children’s parents and any other relevant person are of meeting the child’s needs.

If an application is made to court the case will be listed for a 30 minute conciliation appointment. In the absence of any grave welfare concerns for the child the parents are encouraged to reach agreement.

If agreement cannot be reached directions will be given by the judge and the matter listed for another hearing. Parties will have to prepare and file statements on the issues as directed and often a CAFCASS (Children and Family Court Advisory Support Service) officer will be appointed to speak to the children and relevant individuals. A report will be prepared by this officer and will be considered by the judge sitting at the final hearing.

At the final hearing both parties will have to attend along with any other experts. The parties will be cross examined on their evidence and the judge will make an order. The child does not attend this hearing.

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