Cases involving children are not always easy. They can often be an emotional process as a dispute evolves of a young child whom both parents are likely to care for very much. During these disputes, there can often be misconceptions of some of the rights/powers of a parent/person may have in a dispute. Some of these are as follows:-
1. Child Maintenance = Child Contact
If a parent pays child maintenance this does not mean that they are owed or entitled to child contact. Child maintenance is usually based off of the Child Maintenance Service Calculation. It is very usual that the primary carer for the children will be paid child maintenance from the other parent.
A non-primary parent may have not been in contact for a while and then suddenly start seeking contact because they have been given an assessment from the child maintenance service. This can be a concerning approach as the rational of the non-primary parent wanting contact can be questionable as to how they believe it is in the child’s best interests.
2. Being a biological father = having a legal say
To legally have a right to be involved within the major decision making of the upbringing of a child you need to have parental responsibility. A father’s parental responsibility is usually acquired by:-
a. Being married to the mother at the time of the birth of the child;
b. Being added as the father of the child on the birth certificate.
If an unmarried biological father is not placed on the birth certificate, they do not have parental responsibility and thus do not legally have a say in the major decisions for that child. Should a father in this position want to acquire parent responsibility, it is recommended to take further legal advice.
3. Parental Responsibility = Contact
As mentioned above, parental responsibility provides the ability to be involved and/or consulted around the major decisions for a child. It does not however mean that someone would be automatically entitled to have contact. A Court’s view is that child contact should be based on what is in the best interests of that child rather than the legal powers of a parent.
Consultation
If you are experiencing issues around decisions or contact of a child, or require any assistance in respect of divorce, separation, financial or property dispute, John Hodge Solicitors can offer a free initial consultation to discuss matters. The appointment can be held in person, over the phone or online.
If you would like to discuss your Family matter then please don’t hesitate to reach out to our team of legal experts at John Hodge Solicitors, conveniently located throughout the South West, with offices in Bridgwater, Bristol, Clevedon, Wedmore, Weston-super-Mare and Yatton.
You can contact us either via our website, or by calling us on 0800 097 8611.
Free initial consultations are subject to internal checks and availability.
David Starkey
James Young