Divorce & Separation: How do I get to see my child?

The breakdown of a relationship can be difficult for all involved especially the children and can become complicated where child arrangements need to be agreed. All the evidence shows that a child thrives best when they maintain a relationship with both parents. The Law is clear that a child has the right to a close personal relationship with both parents.

There are a number of methods for agreeing contact arrangements following parent’s separation and attempts should be made to agree contact as swiftly as possible.

The Children’s best interests are always paramount, and parents should have this at the forefront of their minds when making the arrangements for the children following separation if possible. If possible, parents should try to remain amicable for the sake of the child and the Court would encourage co-parenting where possible.  It is important for a child to be able to have contact with both parents where safe to do so and this will be encouraged by the Courts.

Parental Responsibility

The first thing to consider is who has parental responsibility.

All birth mothers automatically have Parental Responsibility. A father also has Parental Responsibility if he is married to the mother at the time the child was born or if they are registered on the Birth Certificate.

What does Parental Responsibility mean?

Those with Parental Responsibility have shared legal rights and responsibilities for a child. This includes important decisions such as where the child lives, consent to medical treatment and the child’s education. It should be noted that even without Parental Responsibility, parents are expected to make decisions on the child’s general wellbeing and basic needs.

If you do not have Parental Responsibility

You will need to apply to the Court for Parental Responsibility.  Our experienced Family Lawyers can help you with this.

Options for Parents to agree Contact Arrangements

1. Parents reach an agreement

It is recommended that parents try and amicably reach a decision together on where the child will live, how much time the child will spend with each parent, arrangements during school holidays, Christmas and birthdays, and taking the child abroad.

Agreements can also be made without the Court’s involvement in order to give a Father Parental Responsibility, including agreeing to a parent being placed on the Birth Certificate.

If an agreement regarding the child arrangements can be reached, the agreement can be recorded in a Parenting Plan which can be located on the CAFCASS website.  However, it is important to note the agreement is not enforceable unless it is reflected in a Court Order.

Many parents are happy for agreements to be reached this way and a lot of the time it does work for many families. If you want to make the agreement legally binding, then a Consent Order can be prepared, signed by both parties and approved by the Court. If the Court considers the arrangements are in the children’s best interests the Order will be approved.

Should a Court Order be required where a parent does not have Parental Responsibility, you would need to ask the Court to grant you a Parental Responsibility Order.

2. Mediation

If you are unable to agree arrangements directly with the other parent, mediation could be an option for you. A Mediator would be unbiased and facilitate communication between the parties to help reach an agreement. This is a way of the parents reaching an agreement without the Court’s interference and is usually a quicker and more cost effective approach. However, again any agreement reached at Mediation is not enforceable, and a Court Order would be required. Where appropriate, child inclusive mediation is also available to establish the child’s wishes and feelings.

3. Through solicitors

Another option could be to instruct a Family Lawyer to communicate with the other parent or their lawyer. A resolution may be possible through negotiations and advice from a lawyer where it was not previously achievable by the parents themselves. Again, this can be enforceable by the agreement being made into a Consent Order.

4. Court Order

Where possible asking the court to decide arrangements, should be avoided as it can emotionally impact a child where there are Court proceedings, and it can also be expensive, a time-consuming process and can create further hostility between parents, which affects the children. Almost always the Court will point out that it is not good for strangers to make decisions about your children.

However, if parents are unable to reach an agreement, then either of them can apply to the Court for a Child Arrangements Order, which will confirm where the child will live, who the child will spend time with and when. A Parent who intends to apply to the Court will need to attend a Mediation Information Assessment Meeting (MIAM) prior to applying unless they are exempt. It is important to note if there is a Court Order in place, then this must be followed by the parties as it is enforceable by the Courts.

To change an Order or if contact has broken down again, an application would need to be made to take the matter back to Court if arrangements can still not be agreed or contact has been stopped altogether.

How can Andrew Isaacs Law help you?

Andrew Isaacs Law can make the whole process easier for you as we understand that your family matters. Should you have any concerns or further queries in relation to seeing your child do not hesitate to get in touch.

Give us a call to arrange a consultation today!

Article Dated: 19/11/2024