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What is Child Custody?
When unmarried parents split up, one of the first things on their minds is usually: 'Who's going to look after the kids?' and 'What are my actual rights as a parent?'
In England and Wales, the old term 'custody' is often used by parents to talk about who cares for the children, but the courts talk about 'child arrangements'. The Courts make a Child Arrangements Order.
Child Arrangements, basically means deciding what the arrangements are for the child, such as where they live and how much time they spend with each parent.
The change in terminology signalled a greater emphasis on child focused resolutions, and a move away from parents feeling that they won or lost their matter.
What is Parental Responsibility?
There was a shift in 1989, from the concept of parental rights to parental responsibility.
Parental responsibility is generally thought to be all the rights, duties, powers and responsibilities and authority which by law a parent of a child has in relation to the child and his property.
It gives a parent the responsibility for taking all the important decisions in the child's life, such as education, religion, and medical care. It also enable a parent to make day-to-day decisions regarding he child It is also important to understand that eventually a child will become mature enough to make decisions for themselves.
Who has Parental Responsibility?
In England and Wales married parents have parental responsibility.
The birth mother of a child has parental responsibility automatically.
If parents are unmarried, then the mother only has parental responsibility.
How do unmarried Fathers get Parental Responsibility
How can an unmarried father obtain parental responsibility?
Here are a few common routes:
- marrying the mother
- register as the father on the birth certificate
- entering into a parental responsibility agreement with the mother, which is a specific form that must be signed by both parents, witnessed and registered with the court
- obtaining a court order
Presumption
There is a general presumption that both parents should be involved in a child's life.
Who decides where a child lives?
Many unmarried separated parents agree between themselves where the child will live.
This could be that the child lives mostly with one parent and sees the other regularly, or maybe they have a shared living arrangement.
If you can sort things out yourselves, you don't need to involve the courts.
But if you can't agree, then either parent can apply to the Family Court for a 'Child Arrangements Order'.
The court's main focus will be what's best for the child.
They won't automatically favour the mother or the father.
What does a Cafcass Officer do?
On the CAFCASS website they state their role as:
'We represent the interests of children and young people in the family court. We independently advise the family courts about what is safe for children and in their best interests. We focus on their needs, wishes and feelings, making sure that children’s voices are heard and are at the heart of the family court’s thinking and decision making. For every child, whose current and future living arrangements are decided by the courts, we seek to provide an exceptional experience, everywhere, and every time.'
The Cafcass Officer will provide a safeguarding report initially, and as the matter progresses the court will usually ask them to produce a more detailed welfare report.
What does the court do?
If the parents are unable to resolve the child arrangements themselves, the court will set the court timetable, requirements that will need to be met and will consider a number of circumstances.
The court may determine whether the child should live with one parent, but have defined days and times with the other; or the court may determine that a shared care arrangement may be in the best interests of the child.
Even if the parents agree on shared care or it is ordered, it does not mean that the time will be set at 50:50. The court could still determine that the child spends more time with one parent and this is usually seen during term times.
What services do we offer:
We understand that trying to resolve parental issues can be complex, but we aim to provide assistance.
We do this by offering:
- Interpersonal Co-parent Mediation: for parents who wish to work towards child focused collaborative outcomes together, or
- If parents are unable to resolve their issues, then we can help:
- them to negotiate,
- provide information to help reduce parental conflict,
- suggest non-court dispute solutions,
- but if the guidance of the court is needed, we can assist a parent with family court proceedings
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Disclaimer
This post is not legal advice. If you require legal advice you should seek independent legal advice from a law firm qualified to provide it.
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