Understanding Arrangements involving children
When considering any issue relating to a child or children the relevant legislation is the Children Act 1989 which came into force on 14th October 1991.
Key concepts involving children
Parental Responsibility
The above act defines this term as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”.
In reality it gives the parent responsibility for taking all the important decisions in the child’s life like education, religion, medical care, etc. It also enables the parent to take day to day decisions, for example in relation to nutrition, recreation etc.
Married parents have joint parental responsibility. If the parents are not married, only the mother has parental responsibility however an unmarried father can acquire parental responsibility in one of the following ways:
• By being registered as the father on the child’s birth certificate with the consent of the mother (after 1st December 2003)
• By entering into a Parental Responsibility Agreement with the mother
• By applying to the court for a Parental Responsibility Order
• By being appointed a Guardian either by the mother or by the court. He will assume this role, only on the death of the mother.
• By obtaining a Residence Order
• By marrying the mother
Section 8 Orders
There are four different types of orders that can be made in relation to children:
• Residence Order
• Contact Order
• Prohibited Steps Order
• Specific Issue Order
A Residence Order is an order settling the arrangements to be made as to the person with whom the child is to live.
A Contact Order is an Order requiring the person with whom the child lives to allow the child to visit or stay with the person named in the order.
A Prohibited Steps Order is an order that no step that could be taken by a parent be taken without the consent of the court (this order usually deals with a specific problem which has arisen).
A Specific Issue Order is an order which simply makes a decision on one issue over which there is disagreement which cannot be resolved (for example, which school the child should attend, whether the child should have a particular operation etc)
Changing the child’s surname
Where there is joint parental responsibly, the mother must obtain the father’s permission before she can change the child’s surname, and if this is not given, she will have to apply to the court.
Even where the father does not have parental responsibility, it is good practice to try to obtain his consent to change the child’s surname prior to actually changing it.
Leaving the UK
Where there is a Residence Order in force, no one can remove the child from the UK (for more than 1 month at a time) unless written consent of every person who has parental responsibility is obtained or the court has allowed it.
Where there is no Residence Order in force, either parent can, in theory, take the child abroad without any restriction or need for consent, however the parent proposing the trip could be prevented from going by the other parent obtaining either a Prohibited Steps Order or Specific Issue Order forbidding the child be taken abroad.
Additionally, a criminal offence under the Child Abduction Act 1984 will be committed by the parent taking the child if permission of the other parent, or the court, is not obtained.
The issues discussed above will only ever be relevant if the parents cannot reach agreement on such matters. Involving the court should always be a last resort where children are concerned.
If you would like to discuss the above please email us, or go back to our other contact details.