When a relationship breaks down there are a number of issues parents must address with regard to what will happen to their children. The main issues are often:
- Who will the children live with?
- When will they see the other parent?
- Who will pay for what?
It is always best if the parents can work together to make decisions about their children and do not involve the children in their own disputes. The vast majority of divorces or dissolutions of civil partnerships do not result in any court order in respect of the children. The Courts recognise that parents are best placed to make decisions about their families and will only intervene if an application to the court is made by either parent. Above everything else, the court will always consider the welfare of the children involved first.
Some parents find it useful to use mediation to assist them in reaching agreements about their children. It is only in the event that parents cannot agree and one parent makes an application that the court will become involved.
The law in England & Wales allows step-parents and civil partners of parents to obtain parental responsibility by agreement or by court order in the same way as for unmarried fathers. A person with parental responsibility for a child has the right to be consulted in relation to major decisions in the child's life and also has the right to ask the court to make certain orders in respect of that child in the event of a dispute. Parental responsibility lasts until the child is 18 and will not end if the marriage or the civil partnership comes to an end.
The court can make different types of orders:
Residence Order
This determines where a child shall live. A residence order can be shared between two parents, in which case the order will specify the times the child will spend in each household. A residence order can be made in favour of adults who are not the child's parents, such as a grandparent, step-parent or same-sex partner. Somebody who has a residence order will automatically be given parental responsibility.
Contact Order
This requires the parent with the residence order to facilitate contact between the child and the other person with parental responsibility. The court can make a defined contact order if the parents are unable to agree on what contact should be granted. However, if the parents can work together, the order can be less specific and allow more flexibility.
Prohibited Steps Order
If granted, this will prevent one parent from taking a certain decision in relation to the child. These orders can be requested in relation to things such as taking the child out of the country, undertaking certain medical treatment, changing the child's school or changing the child's name.
Specific Issue Order
This deals with a particular decision that has to be made in relation to the child, such as which school the child should attend or which surname the child should use.
Often, it can be hard for parents and those with parental responsibility to make decisions about their children whilst going through a separation. Our family law team is sensitive to these issues and has many years' experience in helping parents to resolve their disputes in the best possible interests of the children.
