Child and Parental Disputes

Relationship breakdowns and separation can have a significant impact on the children of the family. Not only are they likely to be affected emotionally by the conflict, but in practical terms, it can mean whole new living arrangements.

There will be many decisions to make involving your children following your divorce or relationship breakdown. Almost all of these choices will require some level of communication and agreement with the other parent. Communication and compromise is key, both for the children’s sake and for your own.

Child and parental disputes

Relationship breakdowns and separation can have a significant impact on children. Not only are they likely to be affected emotionally by the conflict, but they often face significant disruption too: new living arrangements, a new home, a new school, separation form a parent - the list goes on.

There will be many decisions to make your ex-partner concerning your children. Almost all of these choices will require some level of communication and agreement with the other parent. Communication and compromise is the key to successful parenting following divorce or separation.

Fortunately, most parents do reach an amicable agreement concerning their children. These arrangements can be converted into a binding ‘consent order’. Doing so make it easier for parents to take court action in the future if their relationship with the other parent deteriorates or problems arise.

Of course, compromise does not mean being a doormat or tolerating bad behaviour by the other parent. Sometimes it may be necessary to involve the family courts if you believe that parent is not acting in your child’s best interests. Thankfully, family law provides tools for just that purpose: a range of court orders suitable for different situations. Most are issued under the authority of the key legislation concerning children - the Children Act 1989. The majority also concern ‘parental responsibility’. This is the legal status of being a parent: those who hold it are entitled to a say in significant issues concerning the child, even if they do not live with them.

Let’s look at some of the most commonly sought family law orders concerning children:

Prohibited steps order

This is an order that forbids a parent from taking an action that would not be in the child’s best interests - for example, taking them abroad without consent and thereby separating them from the other parent.

Specific issue order

An order addressing a particular issue that is disputed between the parents – for example, whether they should attend a particular school.

Parental responsibility order

Unmarried fathers can apply for this if the mother of their child refuses to allow them to formally registered as the father – i.e. acquire parental responsibility. Unmarried fathers acquire this via inclusion on the child’s birth certificate or by signing a parental responsibility agreement with the mother.

Declaration of parentage order

This order is a formal declaration is a formal declaration that a particular man is the biological father of child. It is sought when there is some uncertainty or dispute over over which person holds that role.

Removal from jurisdiction order

This order grants permission for a parent to take a child out of the country, away from the jurisdiction of England and Wales, either permanently or for a holiday or similar limited period. Typically, a parent ‘with care’ – the one who looks after the child on a day-to-day basis – will apply for such an order when the other parent is opposed to them leaving. This may because they fear the other parent will not return or are concerned their relationship with the other child may be damaged.

Contact order

This is a declaration that a parent must be allowed to see their child for a defined amount of time, even if the parent with care does not want this to happen.

Step parental responsibility order

As the name implies, this order is a declaration that the step parent of a child should be given parental responsibility. A court might issue one if a biological parent cannot fulfil a caring role for any of various possible reasons: their whereabouts are unknown, they have a history of domestic abuse, they are in prison, etc.

Child arrangements order

Perhaps the most fundamental of the family orders listed here, a child arrangements order is a legally binding declaration concerning living arrangements for the child or children of a divorcing couple. They state which parent the child or children will live with, and how often and for how long they will see the other parent or parental figure. Other important issues might be included too, such as the payment of child support.

Child arrangement orders are normally issued when parents disagree over these key issues and the family courts have intervened to protect the interests of the child.

In addition to the basic orders listed above, parents can also apply to ‘vary’ (alter) previously issued orders when circumstances change, or apply to enforce orders if the other parent is not cooperating or meeting their obligations.

All these orders relate to ‘private’ family law, meaning legal disputes between individuals, rather than ‘public’ family law, which involves authorities or the state. The primary example of the latter is the process of removing a child from an abusive or neglectful home and taking them into the care system.

If you are in dispute with your ex concerning parenting arrangements, contact us today to arrange a free consultation.

Am I entitled to child maintenance?

Potentially if your child’s other parent does not spend a set amount of time looking after the children. Child maintenance is determined based on the paying parent’s gross income, the number of nights your children stay with them per week and whether the paying parent has to pay maintenance for any children they have with someone else.

Experts

Are children’s wishes and feelings taken into account?

They can be if they are deemed ascertainable which will depend on the age, level of understanding and level of maturity of your children. Even if taken into account, children’s wishes and feelings are by no means determinative, as the court realises that children often (a) don’t know what they want, (b) don’t know what is best for them and (c) sometimes say say different things to different people.

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Can I move abroad with my children?

You can relocate abroad which is also known as removing your child from the jurisdiction if all other people with parental responsibility for the children (usually the other parent) agree. This is unlikely and so most parents wishing to move abroad with their children are forced to make an application to the court.

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Can I move to another location within the UK with my children?

You can relocate within the UK if all other people with parental responsibility for the children (usually the other parent) agree. Again, as with moving abroad, if they don’t then you will need to make an application to court.

Experts