| News Article |
 Children and Separation - 14th November 2008
Parental responsibility is a legal concept which means the rights, duties, powers, responsibilities and authority which a parent has by law for their child. Both parents have parental responsibility for their children if married. Where parents are unmarried, only the mother automatically has parental responsibility unless (for births registered from 1st December 2003) the father is named on the birth certificate. The father may also acquire this if he subsequently marries the mother, enters into a registered parental responsibility agreement with her or obtains a court order.
When parents separate, the law prefers not to intervene or dictate on issues relating to the children unless it has to. However, if parents are unable to agree, either may apply to the court for an order. This can include a direction as to where the child will live and contact that he or she will have with the other parent, as well as individual decisions relating, for example, to the child’s medical needs, education, surname and permission to leave the country.
A residence order determines the person with whom the child is to live. Typically, one parent will have the child living in their household for a majority of the time. This has led to a perception that this parent has a higher “status” than the other and, correspondingly, more “legal power”. In fact, joint parental responsibility means that parents should consult and agree major decisions in their child’s life irrespective of where the child actually lives.
In recognition of this, the court can consider a shared residence order in appropriate circumstances. Typically, this will be in a case where the child’s time is spent about equally between each parent. However, shared residence orders have also been made even when the division is as much as two thirds in favour of one parent.
Twenty years ago, a typical order on divorce was “custody to (say) the mother with reasonable access to (say) the father”. In terms of time spent between the two homes there was often a marked disparity between the parents with the father spending alternate weekends and the odd holiday with the child, and the rest of the time being spent with the mother.
Many fathers now have a greater involvement with their children and the increased use of shared residence orders by the courts reflects the increased time that a child spends in the second household.
Decisions about children depend upon individual circumstances. Parents are advised to seek professional advice in relation to their own personal situation.
Helen Meredith, partner & family law solicitor, Treasures 01452 525941
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