Children
Children Act Information
On 14th October 1991 the Children Act 1989 came into force. If you have friends who
separated or divorced prior to October 1991 they may have custody, care and control
or access orders in relation to their children. The Children Act did away with all of this,
these orders are no longer made.
Parents now have 'Parental Responsibility'. This is defined as:
'all the rights, duties, powers, responsibilities and authority which by law a parent has
in relation to a child and its property'.
If your Child's birth was registered before the 1st December 2003 then only the child's
mother will have parental responsibility. The child's father (even if his name is on the
birth certificate) will not automatically have parental responsibility. In such circumstances
the father will acquire responsibility in any of the following circumstances:-
1)
Where a child's birth is registered on or after the 1st December 2003 and both parents
have registered the birth of their baby together, the father will automatically gain parental
responsibility.
Step parents may also acquire parental responsibility if:
The parents are married.
The parties subsequently marry each other.
3)The mother and father enter into a parental responsibility
agreement (please note that formal documentation is required).
4)The Court makes a parental responsibility order.
The father applies successfully for 'residence' of the child.
a)
The following sets out the position in relation to parents who are married to one another
and in the process of separating and divorcing.
In this case both the mother and father will have parental responsibility and they will each
retain their parental responsibility after separation and divorce irrespective of with whom
the children live.
By virtue of the Children Act the welfare of the children must always be the paramount
(i.e. the first and major) consideration. Courts will only make Orders in relation to children
if an Order is really in the child's best interest.
In consequence parents are encouraged to reach agreement regarding their children
whenever possible. If the parents can reach agreement upon issues such as with whom
the children will live and what the contact arrangements will be for the other parent, the
Court will not usually interfere with that agreement.
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Either parent, who have parental responsibility are in agreement and by executing a parental responsibility agreement or;
b)By application to the Court for a parental responsibility Order.