Children

Children

The law makes extensive provision to protect the welfare of children.  There is very little distinction between children who parents are married and those who are unmarried.  Much of the relevant law is contained in the provisions of the Children Act 1989 which confirms that the welfare of children is the paramount consideration for any Court dealing with issues relating to them. 

Parental Responsibility is an important concept in relation to children.  Parents do not have rights over their children as the Law has regard to their responsibilities to the children.  The term “parental Responsibility” refers to all of the rights, duties, powers, responsibilities and authority which by law a parent of children has in relation to the children and their property.  Married parents automatically have shared parental responsibility and unmarried parents also share parental responsibility since 1^st December 2003 provided that the father is named on the birth certificate.  Prior to that date, it was only the mother who would automatically have parental responsibility.  Unmarried fathers may however acquire parental responsibility either by signing a standard form of agreement with the mother or by obtaining a parental responsibility order from the Court. 

Parental responsibility gives the right to make particular decisions in relation to a child.  It is also now possible for others such as stepparents to be able to apply for parental responsibility. 

When it is necessary for application to be made to the Court in relation to a child, then the court must take into account a variety of factors including:-

• The ascertainable wishes and feelings of the child (having regard to their age and level of understanding)
• Their physical, emotional and educational needs
• The likely effect of any change in their circumstances
• Their age, sex, background and any other relevant characteristics
• Any harm which they have suffered or are at risk of suffering
• The capability of each parent in meeting the needs of the child

The court ultimately will give paramount consideration to the welfare of the child (who must usually be under 16 years of age) and the range of orders which the Court can make will include:-

• A residence order which will determine the person with whom a child is to live
• A contact order which will decide when a child is to see or stay with the other parent or another person such as a grandparent;
• A prohibited steps order which will prevent a particular event from happening such as removing a child abroad or changing their name.
• A specific issue order which will determine a particular issue about a child’s upbringing such as schooling or medical treatment.

There are also a range of financial orders which the Court can make against a parent which can include maintenance and even providing a home for a child. 

There are also a range of orders which the Court can make to protect a child which can often be following an application being made to the Court by a child protection agency such as an order placing a child in the care of a Local Authority.  Our Miss Lindsey Jackson is a specialist solicitor in this area of law and is a member of the Law Society Children Panel thereby demonstrating her knowledge and expertise.  She often represents parents in situations where the Local Authority has or is considering the removal of a child from home.