A key issue when going through a divorce or separation is the right for parents to continue a relationship with their children. Sadly, it’s common for fathers to worry about their legal rights around this, especially as many people still believe that the mother is given a preference for sole responsibility. But, while there are often legal hurdles for fathers to overcome, sole residency does not always get handed to the mother and courts are highly likely to encourage contact with both parents.
If you’re facing separation from the mother, it’s useful to understand the legalities around fathers’ rights so you’re well-prepared and informed.
Rights and responsibilities
The law states that the mother and most fathers have legal responsibilities as a parent. This means you both have a role in providing a safe home and protecting your child. As a father, you have parental responsibility if you are married to the mother or you are named on the birth certificate. In either of these cases, you also have a right to decide on the child’s education, medical treatment and any change of name.
If you’re not married and your name is not listed on the birth certificate, you can get parental responsibility via an agreement with the mother or via the court.
Coming to an agreement
In an ideal situation, you and your former partner will agree on a co-parenting plan as part of your separation. But this is not always possible, depending on the circumstances surrounding the break-up. If you’re struggling to reach an amicable decision, it’s wise to seek advice from family law solicitors who can offer advice on the next steps. Often, it’s recommended that you attend mediation to try and resolve any custody issues without going to court.
Valid reasons for no contact
It’s extremely rare for a court to remove parental responsibility unless the child is in danger, either physically or emotionally. Issues that could lead to this include drug or alcohol abuse, domestic abuse or certain criminal offences. In these extreme situations, a prohibited steps order (PSO) can be issued by the courts to stop a parent being able to make decisions about their child.
Ensuring contact with your child
If you make an informal agreement with the child’s mother it’s important to be reasonable in relation to factors such as punctuality, providing support, being civil towards your former partner and taking into account your child’s wellbeing. If you have to abide by a formal child arrangement order, you’ll need to stick to the details as per the document.
It’s recommended to keep communication open with your child, regardless of their age. Older children are more likely to be able to have a say in their contact arrangements.
Finally, going through a separation when there are children involved can be upsetting and challenging but it’s important to remember that it’s usually in the best interests of the child to maintain a meaningful relationship with both parents. It’s also highly unlikely that a court will deny a child contact with their father unless there are concerns about welfare.
