Hartnell Chanot: Divorce/Family Law Solicitors Exeter, Devon
Children
How you handle your separation will affect your children - try to respect each other if possible.
The terms "child custody" and "access" are no longer used officially or legally to describe which parent the child or children live with and how often the other parent sees them.
Here we look to explain the terms and concepts that are now used in their place.
What is parental responsibility?
This is the legal term used to describe the rights and duties that parents have towards their children. For example, it gives you the right to authorise medical treatment for your child or choose the school he or she attends. When a child is born the mother automatically has parental responsibility. The father does also but only if: -
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He is married to the mother at the time of birth in the case of children born after the 1st December 2003 or if;
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He registers the child's birth with the mother.
However, an unmarried father of a child can obtain parental responsibility by marrying the child's mother, registering a parental responsibility agreement with the mother, or obtaining a court order.
You do not lose parental responsibility if you get divorced, and you will carry on being the child's full legal parent whether or not the child lives with you.
Step Parents
A step-parent can obtain parental responsibility for a stepchild by agreement with the natural parents, who already have parental responsibility, or by court order. They can acquire all the legal rights and responsibilities for their stepchild, and share parental responsibility with their spouse.
This does not remove parental responsibility from the other birth parent(s), if they already have it, unless it has been done by a court order.
Step-parents can still apply to court for a residence order in respect of their stepchild and obtain parental responsibility that way.
Click here for a Parental Responsibility Application from Her Majesty's Courts Service or for further information and advice visit thier website www.hmcourts-service.gov.uk.
Putting Your Children First
The government has produced a handy guide for all parents in the process of separating. The guide will help you to work out the best possible arrangements to try to ensure they are clear, consistent and reliable for everyone involved. It provides headings to help you think about all aspects of your children’s lives, and the arrangements you are making for them. It also gives tips on how you can best support your children through the transition and beyond, and gives suggestions for where you might go for support and help. To download the document 'Putting your children first" click here
