We get many comments and questions from you about child support. We've taken a selection of your comments addressing the issue of keeping contact with your children and the fear of your ex taking them from you - and asked our expert to give some comprehensive information and advice.
The traditional view of the family set up has become something of a minority in 21st century society and because of this, a broken down relationship can lead to complicated legal issues. Whether you are recently divorced and wondering about the role your ex-husband has in your child's life, or you have a child from a relationship that has broken down, but were never married, you need to understand your legal position when it comes to creating an amicable situation for your child to grow up in. Here we aim to dispel some of the myths about parental access and to give you the advice you need to rebuild your life and your children's lives.
Parental Responsibility
Parental responsibility (also known as PR) creates "responsibilities" rather than "rights" regardless of whatever the state of the parents' relationship, emphasising the view that each will maintain an equal, shared and continuing responsibility towards the child.
Where both the mother and the father have PR, they have the power to act alone unless there is a circumstance where, by law, each person with PR is to give consent i.e. in the case of adoption. In reality, holding PR gives the ability to make decisions in relation to the child's name, religion, school, consent to medical treatment and marriage etc.
Who has Parental Responsibility?
Below is a flow chart to help you determine if you have Parental Responsibility:
A mother always has PR. A father who is married to the mother at the time of birth will automatically have PR.
To clarify, for unmarried fathers, the situation is different. Unmarried fathers will have PR if:
They marry the mother after the child is born
They have jointly registered the child's birth with the mother i.e. their name is on the birth certificate
For pre December 2003 registrations, the mother provides a formal declaration of agreement that the father's name is to be added to the birth record and the father re-registers the birth to add his details
The court orders a residence order in favour of the father, although this will usually terminate when the resident order ends (generally age 16)
A birth parent has signed a parental responsibility agreement
A step-parent's PR agreement can be made by consent with all those already having PR for the child
By obtaining an adoption order from the court
Where a father has not automatically gained PR, the mother does not have to add the father's name to the birth certificate. However, this will not stop the father from being able to apply to the court for an order, such as a parental responsibility order, which may result in him acquiring PR.
Other family members
Other family members, taking grandparents as an example, do not automatically have PR. They would only be granted PR by a court if, for example, they were appointed as Guardian or were to adopt their grandchild for any reason. If a father with PR asks his parents to take care of the child, they can do so usually without the mother's agreement. However, the child would not be able to remain resident with the grandparents unless they had been granted a residency order by the court.
Voluntary access arrangements
If more than one of you has PR, then the best thing you can do for both your children and yourselves is to voluntarily agree to contact and access etc. If you can do this, then you are more likely to maintain a more harmonious relationship for the sake of your children. Additionally, it will prevent you from having to go to court and from having to pay court and solicitor's fees if you are unable to get legal aid.
Of course, this is the ideal scenario and not always a realistic one. If you cannot agree on residence and contact etc. then you may find that your ex will end up applying to the court for an order.
My Child has Been Taken Away From Me: What Can I Do?
Unfortunately in some circumstances, a father may take your child during agreed contact time and then refuse to bring them home again. If this happens and you are unable to negotiate with the father then you should call the police. However, the police may not be able to do anything. This generally comes down to whether or not the father has PR. If they do not, then the child is the mother's sole responsibility and the police may be able to take the child back to the mother. If the father does have PR, then in usual circumstances, they have the same rights as the mother to look after the child and therefore, so long as the child is not in any harm, the police cannot usually do anything about it. This can be understandably distressing for a mother. What can be done about it?
Residence Orders
A person can make an application for a residence order, whether or not they have PR. For example, a father without PR can make an application for and be granted residency but then he will automatically acquire PR at the same time. It is unusual for a father to be granted residency as well as a mother as this would result in shared residency, which is not always in the best interests of the child. As a result, it is usually the mother who would be granted sole residency.
If a child has been taken by their father and the police cannot do anything, the mother can make an application for a residency order. If the child was snatched or she believes that her child may be in danger, then she can apply for an emergency ex parte application. This is also known as a 'without notice application' i.e. the other party is not given notice of the application. If the mother cannot make an ex parte application then an application can still be made but the father can attend and make his case. At the end of the hearing, the judge will make an order.
There are lots of other orders which the court can make, including contact orders, prohibited steps orders and specific issue orders.
What Factors Will be Taken Into Account?
When reviewing applications, the court will take a number of factors into consideration with regards to the child or children's welfare. These are:
What is best for the child and the feelings and wishes of the child. This is considered according to the child's age and understanding
How capable the parents (and any other relevant people) are of meeting the needs of the child or children
Any harm that the child is at risk of suffering or has suffered
The likely effect of a change of circumstances on the child
The age, background, personality, sex and any other characteristics that the Court believes to be relevant
The child's emotional, physical and educational needs
Domestic abuse
If you have been subjected to domestic abuse, this would clearly be a very important factor for the court to consider when determining what will be in the best interests of the child. If the father makes an application to the court then you can oppose it by giving evidence as to why he should not be given the order. You can oppose any application in much the same way.
Reality Check
When you find yourself fighting to look after your own child your emotions can begin to take over. It is important when you begin to plan your child's parenting and the access of the father that you understand the law and how it might impact on your child's future.
Remember that if your child's father is on the birth certificate, or you were married and are now divorced, the father has the same access to the child as you do in the eyes of the law. If they take your child or even threaten to do so, the police can often be powerless to change the situation. The best advice is to seek mediation and organise access in a written agreement, give yourself something concrete to work from. If your ex is unreasonable then apply for a residency order to ensure that you keep custody of your child.
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I WON THE LOTTO ( lordbubuzamiraclework @ hotmail . com ): I have known Lord Bubuza for a long time and he has saved my marriage with his love spell each time I have issues with my wife. It was time to retire and I knew life after retirement wouldn’t be easy so I spoke to Lord Bubuza for help to win the lottery My name is Paul R Bashaw. He said I will win if I follow his instructions diligently so I provided his requirements to cast the lottery spell and in confidence I went straight to my boss office to inform him of my retirement which was on July 17 and Three days after that, I went into a J&J Variety convenience store in West Boylston, Mass, and bought a scratch-off lottery ticket as instructed by Lord Bubuza and behold I couldn’t believe that I won $1,000,000 and I chose the cash payment of of US$650,000 ($870,000). I am short of words to appreciate Lord Bubuza, join me and thank him via email: lordbubuzamiraclework @ hotmail . com or via WhatsApp: +1 505 569 0396
paulrB43 - 21-Sep-23 @ 10:12 AM
Hello everyone, I wish to share my testimonies with the general public about Dr Kachi for helping me to win the LOTTO MAX, i have been playing all types of lottery for the past 9years now. the only big money i have ever win was $3000 ever since things became worse to enduring because i couldn’t been able to win again, i was not happy i need help to win the lottery, until the day i was reading a newspaper online which so many people has talked good things about best lottery cast Dr Kachi who can change your life into riches. So I contacted him and he cast the spell and gave me the hot figures. I played the LOTTO MAX DRAW Behold when I went to check and to my greatest surprise my name came out as one of the winners. I won $60 Millions Dr Kachi, your spell made it wonderful to win the lottery. I can't believe it. Thank you so much sir for dedicating your time to cast the Lottery spell for me. I am eternally grateful for the lottery spell winning Dr Kachi did for me. I’m now out of debts and experiencing the most amazing good life of the lottery after I won a huge amount of money. I am more excited now than I ever have been in my life. In case you also need him to help you win, you can contact: drkachispellcast AT gmail.com OR Call/Text number: +1 (209) 893-8075.
Katherine - 12-Sep-23 @ 10:30 PM
hello everyone, i am very glad that i messaged this man online because i never thought i will ever
see my husband again, but after i message this man and he told me what to do, which i did.
my husband is back to me now and he applogised for
everything and now we are very happy together . message this man today via: dradam110@gmail. com
jeliet - 12-Sep-23 @ 9:40 AM
I am out here to speed this good news to the entire world on how I got help from Dr Kachi a great lottery spell caster that will help you cast a lottery spell and give you the rightful numbers to win the lottery, I didn't believe lottery spell at first but as life got harder i decided to give a try, I spend so much money on tickets just to make sure I win. until the day I met Dr KACHI online, which so many people have talked good about, that he is very great when it comes to casting lottery spell, he told me the necessary things to do and behold it was like a magic, i won $20 Million Dollars Florida Powerball Double Play with the numbers Dr Kachi gave to me. his a really trustful person worthy and reliable, i am sharing this to you who have been finding it so hard to win the lottery, Thanks you Dr. Kachi who helped me contact email drkachispellcast AT gmail.com OR Text Number and Call:+1 (209) 893-8075.
Arnold - 12-Sep-23 @ 3:47 AM
RE-UNION LOVE SPELL…
After 7 Years in a relationship with my Boyfriend, my Boyfriend started going out with other girls and showing me cold love, on several occasions he threatens to broke-up with me if I dare question him about his affair with other girls, I was totally devastated and confused but i was always optimistic that things will change because I love my boyfriend with all my heart. luckily an old friend of mine told me about a spell caster on the internet called DR.BALBOSA who help people with their relationship and marriage problems by the powers of natural love Spells, At first I doubted If such thing ever exists but decided to give it a try and luckily for me, i and DR.BALBOSA live in the same city so i went to see him in his Apartment with my friend…DR.BALBOSA is such a great man, he told me everything I needed to do and he also checked the connection between i and my boyfriend, so he helped me cast a Love Spell and within 48Hours my boyfriend came back to me and started apologizing, now he has stopped going out with girls and he is with me for good and for real. words cant describe how grateful i am to DR BALBOSA. please endeavor to contact him for any relationship issues and he will always help you. God Bless You from shelly jake..
CONTACT DR BALBOSA ON:
EMAIL: balbosasolutionhome@gmail. com
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