Family breakups can be distressing times for all involved. The press frequently reports on situations turning ugly, being unfair and too often suggest there is a difference between the rights of a father and mother in raising and seeing their children. Many parents in this situation do not see eye to eye or are so angry with the other parent that they use access to children as a pawn in a protracted process. Making fair and sensible arrangements in these circumstances can be extremely difficult.
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 in decision making regarding his children and to see his children regularly. When exercised, this right is termed co-parenting. 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. It does not grant a right to see or spend time with a child, nor prevent the child from spending time with another parents. Essentially, it allows a parent the right to ensure the child’s safety and protection.
How can a father protect or enforce his rights?
Legislation does not describe the degree of consultation between parties with parental responsibility that is needed regarding certain decisions. Minor issues such as day-to-day decisions in the child’s daily life including their daily schedules and discipline can be made without any consultation by the father. Certain circumstances require all parties with parental responsibility to be informed. These tend to be major decisions such as change in living arrangements and emergency medical treatment. This can give rise to disputes and a father should seek good legal advice to protect his rights.
If a father considers he is not being consulted about major issues regarding his children, a straight-forward letter to the child’s mother that sets out the father’s wishes, the law, and his rights may help. The same applies if the father believes that the children are not being given the opportunity to spend sufficient time with him.
Mediation is always strongly encouraged for family disputes and generally can lead to a good outcome. It is encouraged to do this prior to making a court application as parties are much more likely to adhere and implement the outcome they agreed to themselves. Also, the agreement would heavily be more child focused. However, if neither of these options are successful in arriving at a solution that both parties are happy with, then the only option is for a family court or a family law arbitrator 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 or arbitrator is that the children have the right to have a meaningful and fulfilling relationship with both parents if it is safe to do so. A father can also request sole or a joint residency order, so that 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.
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.
Conclusion
When couples separate it is often assumed that the children will remain with, and be cared for, by the mother, but this does not have to be the case. Children have a right to a meaningful relationship with their father too. Fathers should thus ensure their rights are protected.
If you or someone you know wants more information or needs help or advice, please contact us on 020 3858 8020 or email [email protected].