Over the past decade a new trend has emerged, as an increasing number of fathers fight for the custody of their child, particularly in cases where both parents work fulltime. Find out your rights around child contact and get advice for supporting children during a separation. Mutual respect, goodwill and maturity are all crucial when maintaining an amicable agreement. When a marriage does end in divorce, it is a common gripe of fathers that they do not feel their rights are properly protected in law. For the sake of clarity, however, here is a brief guide to where father’s stand legally in the event of a divorce. One recent example of this was a case in which a judge ordered a child to continue to live with his mother, when the child expressed a wish to live with his father. The Coronavirus Job Retention Scheme Has Been Extended: We Answer Your FAQs, 8 Questions to Ask if You’ve Been Offered a Settlement Agreement, All About Our FREE Webinar: How to Represent Yourself in an Employment Tribunal, Dealing with Your Digital Affairs After Death in a Cashless Society, Covid-19 Update: We Answer Your FAQs on the CJRS Extension and JSS, Separated Parents: Spending Time with Your Children at Christmas. In very blunt terms, it’s usually obvious who a child’s mother is. However, as a father you should bear in mind that such agreements have been flouted in the past. Children have rights with regards to their parents, both of them. The judge wrote a letter to the child explaining his decision and this letter became headline news. ← The Residential Conveyancing Process - Does it have to be so slow? Parental Responsibility (PR, or Parental Responsibilities and Rights (PPR) in Scotland) is a legal status that means that Read more: Family Law - The Five Minute Jargon Buster. Parental responsibility is distinct from the issue of parental access and it is possible for a parent to have the former without the latter, for example to be required to make maintenance payments without having the right of access to the child, although this would be highly unusual. As divorcing parents, the most important factor to remember, no matter how acrimonious the relationship with your ex-partner becomes, is the welfare and stability of your child. One is the “feckless father” who disappears and leaves the unfortunate mother to manage as best as she can without any support (financial or otherwise from the father) and … Based on the most recent figures, 39 % of those couples who marry today will divorce. Separation and divorce. If this cannot be agreed with their mother, there are steps you can take to secure your rights to see your child. In dual income households there typically remains a disproportionate spread of Parental Responsibility, and in this case, the level of Parental Responsibilities carried out in the past is a crucial factor when determining both the level of access a parent will have and how much child support should be paid. The stability and welfare of the child are the court’s primary considerations. All fathers who were married to the mother at the time of the child’s birth will automatically qualify for parental responsibility, as will those whose name appears on the child’s birth certificate as the father on or after 1 st December 2003. Taking Time Off Work for a Funeral: What Are My Rights? Likewise if a child’s birth was registered after 1st December 2003 and a father is named on the birth certificate, that man is deemed to have parental responsibility for the child. Parents have responsibilities with regard to their children. The child’s opinions will be taken into consideration although it is possible for a court to overrule them if the court believes that the child is unable to make a solid assessment of the situation, given that, by definition, children lack life experience.