Children – Private Law

1. Parental Responsibility:

• Parental Responsibility refers to the legal rights, duties, powers, and responsibilities that parents have concerning their children’s upbringing and welfare. 
• A child’s mother automatically has Parental Responsibility for the child. Where the father was married to the child’s mother when the child was born, he will automatically have parental responsibility too. The child’s father can acquire Parental Responsibility for the child by marrying the mother of the child after the child’s birth. Parental Responsibility is not lost on divorce. 
• For a child that is born after 1^st December 2003, an unmarried father will automatically have Parental Responsibility for the child if they are named on the child’s birth certificate. Where a child is born before 1^st December 2003 and the father was or is not married to the child’s mother, the father may not have Parental Responsibility for the child. However, it may be possible to reach an agreement with the child’s mother for Parental Responsibility to be granted or an application can be made to Court for a Parental Responsibility Order. 
• It is possible for Parental Responsibility to be granted to a person who is not a biological parent of a child e.g. a step-parent or other family member.   
• People with Parental Responsibility are entitled to have a say in major decisions about the child/children, such as: 
  –  with which parent or other person the child/children should live 
  – what time the child/children should spend with the parent that they do not live with or with anybody else 
  – what school they should attend 
  – whether and what religion they should practice 
  – what name/surname they should be given or whether there should be any change to a child’s name or surname 
  – the giving or withholding of medical treatment, and 
  – dealing with the child or children’s money or property 
• A solicitor can advise parents on matters related to Parental Responsibility. They can also assist in obtaining or exercising parental responsibility rights, if necessary

2. Child Arrangements Orders: 

• A Child Arrangements Order (“a CAO”) is a court order that sets out what the arrangements for a child or children are such as:
  – who the child or children are to live with, spend time with or otherwise have contact with (these can be known as ‘lives with’ and ‘spends time with’ orders) 
  – defining the dates and times when the child or children are to live, spend time or otherwise have contact with any person 
  – It can provide that a child or children “live with” both parents with the specific days and times that they will be in the care of each parent being set out in the order. This will not necessarily be equal time. 
• A solicitor can help parents to negotiate such arrangements for their children or if required, can represent them in court proceedings if disputes cannot be resolved outside of the court process.   

4. Specific Issue Orders and Prohibited Steps Orders:

• Specific issue orders: An application can be made to the court for a Specific Issue Order in circumstances where it is not possible to reach an agreement between parents or anyone who holds Parental Responsibility for a child about a particular issue. A Specific Issue Order can be applied for to resolve issues about a child’s upbringing which include but are not limited to:
  – such as seeking permission to change a child’s surname; 
  – deciding which school a child should attend; 
  – whether they should follow a particular religion;
  – whether they should have a particular form of medical treatment. 
• Prohibited steps orders: A Prohibited Steps Order can be applied for if there is a need to prevent a parent or other holder of parental responsibility from doing something without firstly obtaining the consent of the court. Some examples of circumstances in which a Prohibited Steps Order may be used include, but are not limited to:
  – to prevent a parent from taking a child on holiday abroad; 
  – to prevent a parent from moving permanently or temporarily to a different county or country with the child; 
  – to prevent a change of the child’s name; 
  – to prevent a child from having any contact with a person who is deemed to pose a risk to the child 

5. Special Guardianship Orders:

• Under a Special Guardianship Order, a child or children will live with a person or persons who are not their parents. The person(s) caring for the child or children will be appointed as their ‘Special Guardians’.  
• The Special Guardians will be granted Parental Responsibility for the child or children and will be able to make decisions on their behalf in the same way that their parents can. However, the Special Guardians will hold an ‘enhanced’ level of Parental Responsibility than the parents which means that they can make most of the decisions about the child or children’s care and upbringing without having to discuss these decisions with the parents first, except in limited circumstances.  These exceptions can include:
  – if the Special Guardian wants to change the child or children’s surname; 
  – if the Special Guardian wants to take the child or children out of the United Kingdom for more than 3 months 
  – where a child requires a medical procedure/intervention that would require the consent of all holders of Parental Responsibility  
• It is important to note that a Special Guardianship Order does not remove the Parental Responsibility of the parents. 

6. Child Maintenance:

• Child Maintenance (also known as child support), refers to financial support provided by one parent to the other for the benefit of the child. Child Maintenance payments are paid to the parent with whom the child or children live and are paid by the other parent (with whom the child or children do not live). 
• Parents are encouraged to try to reach an agreement about the amount of Child Maintenance that should be paid. The Child Maintenance Service website contains a calculator that can be used to assist parents in calculating what level of Child Maintenance should be paid.  
• If parents cannot agree upon the amount of Child Maintenance to be paid, then an application can be made to the Child Maintenance Service who will complete an assessment and decide the amount of Child Maintenance needs to be paid. This can allow parents to either reach an agreement between them for the paying parent to make payments directly to the receiving parent. If no agreement can be reached, then the Child Maintenance Service’s ‘Collect and Pay’ facility can be used.  
• Please refer to the Child Maintenance Service website for any details of fees that may be charged for the use of the ‘Collect and Pay’ service. 
• A solicitor can discuss your specific circumstances with you and can provide you with advice and guidance about this issue. 

7. Mediation and Dispute Resolution:

• Mediation and dispute resolution may be beneficial in resolving any disputes involving children outside of court proceedings. It is encouraged (where appropriate) that parents attempt mediation before making an application to Court. At Price & Kelway we can make a referral to a mediation service for you.