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What Rights Does My Ex Have With Regards to Our Children?

By: Elizabeth Mugan BA/BSc, PGDipLaw, BVC, CIArb - Updated: 22 Feb 2024 |
 
Child Divorce Relationship Amicable Grow

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:

  1. 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
  2. How capable the parents (and any other relevant people) are of meeting the needs of the child or children
  3. Any harm that the child is at risk of suffering or has suffered
  4. The likely effect of a change of circumstances on the child
  5. The age, background, personality, sex and any other characteristics that the Court believes to be relevant
  6. 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 AM OVERWHELMED FOR WINNING THE LOTTERY JACKPOT IN THE APRIL 19, 2022, LOTTO MAX DRAW. Friends and family members have asked me several times how I won the lottery. Today I want to thank Dr Bubuza, the great spell caster who made it possible. I read about his lottery spell online so I contacted him for help to win too, he requested my name and some information and said he will need to cast a lottery spell to reveal the lottery winning numbers and the right platform where I will play and win. I doubted him but my husband insisted we give it a try so I provided the information and his requirements to cast the spell, after casting the spell he gave me some digit numbers and said it was revealed when casting the spell. I bought the ticket and input the numbers. I was like a dream when I was announced the winner of $60 million from the Ontario Lottery and Gaming Corporation (OLG). My name is Leah Murdoch Gerics, join me appreciate him via email:: Lordbubuzamiraclework @ hotmail . com or via WhatsApp: +1 505 569 0396 .....
Leah Murdoch Gerics - 25-Sep-23 @ 9:25 AM
I AM OVERWHELMED FOR WINNING THE LOTTERY JACKPOT IN THE APRIL 19, 2022, LOTTO MAX DRAW. Friends and family members have asked me several times how I won the lottery. Today I want to thank Dr Bubuza, the great spell caster who made it possible. I read about his lottery spell online so I contacted him for help to win too, he requested my name and some information and said he will need to cast a lottery spell to reveal the lottery winning numbers and the right platform where I will play and win. I doubted him but my husband insisted we give it a try so I provided the information and his requirements to cast the spell, after casting the spell he gave me some digit numbers and said it was revealed when casting the spell. I bought the ticket and input the numbers. I was like a dream when I was announced the winner of $60 million from the Ontario Lottery and Gaming Corporation (OLG). My name is Leah Murdoch Gerics, join me appreciate him via email:: Lordbubuzamiraclework @ hotmail . com or via WhatsApp: +1 505 569 0396
Leah Murdoch Gerics - 25-Sep-23 @ 9:24 AM
Hello everyone, my name is Edwin Dicine. Am from Los Angeles California. I want to introduce a good testimonies of Dr Kachi the great lottery spell caster who helped me to win a lottery..my story on how I win million After reading about a article who Dr Kachi helped, I got in contact with Dr.Kachi and he told me that he going to help me cast a spell that will profit me when I play the Powerball game, and i do believed him and took action. After he casted the winning number spell, I played the Powerball Ticket, and i won greatly which I did today I’m here shearing a testimony about this same man Dr Kachi help me to win $45 million dollars, I am so happy for meeting this great spell caster that has changed my life, You can also contact Dr Kachi the legend spell caster to help you cast a lottery spell and win too, he might be of help to anyone who is interested. contact: drkachispellcastATgmail. com his Text Number and Call: +1 (209) 893-8075.
Edwin - 23-Sep-23 @ 7:38 PM
I FEEL SO HAPPY TO ANNOUNCE TO THE WORLD THAT I WON THE LOTTERY. I was worried about my retirement which was 2 weeks away and I had no savings so I spoke to a spell caster called lord Bubuza for help to win the lottery. He told me that he will reveal winning numbers to me after casting a lottery spell and tell me when and how to play so I provided his requirement to cast the spell after which I went to my Boss office in confidence to remind him that my retirement will be in two weeks, Three days later 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, I did the night prayers as he instructed too. I won $1,000,000 and I chose the cash payment of US$650,000 ($870,000). I lack words to appreciate Lord Bubuza, Please Friends thank him for me via email: lordbubuzamiraclework @ hotmail . com or via WhatsApp: +1 505 569 0396
Paul R Bashaw - 23-Sep-23 @ 4:33 AM
Hello my name is Vivian Marcus from the United State, i'm so exciting writing this article to let people seek for help in any Break up Marriage and Relationship, Dr Kachi brought my Ex Boyfriend back to me, Thank you Sir Kachi for helped so many Relationship situation like mine to be restored, i was in pain until the day my aunt introduce me to Dr Kachi that she got her husband back with powerful love spell with help of Dr Kachi So i sent him an email telling him about my problem how my Boyfriend left me and cheating on me because of her boss lady at work i cry all day and night, but Dr Kachi told me my Boyfriend shall return back to me within 24hrs and to me everything he asked me to do the next day it was all like a dream when he text me and said please forgive me and accept me back exactly what i wanted, i am so happy now as we are back together again. because I never thought my Ex Boyfriend would be back to me so quickly with your spell. You are the best and the world greatest Dr Kachi. if you're having broke up Ex Lover or your husband left you and moved to another woman, You do want to get Pregnant do not feel sad anymore contact:: drkachispellcastATgmail. Com his Text Number Call: +1 (209) 893-8075..
Marcus - 22-Sep-23 @ 10:17 AM
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
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