1. I am not married to the mother of my child, do I have equal rights?

If you are an unmarried father and your children have been born since the 1st December 2003, and you registered the birth of the children with the mother then you will have automatically acquired Parental Responsibility for your children. Parental Responsibility is all of the rights and duties that a parent has towards a child for example a right to be consulted about schooling, medical treatment and removal from the country.

NB/ Married fathers automatically acquire Parental Responsibility on the birth of the child.

If your child was born before the 1st December 2003 and you were not married to the mother then you will not have Parental Responsibility. In order to obtain Parental Responsibility in these circumstances you can enter into a Parental Responsibility agreement with the mother which is a straightforward procedure or in the absence of the mother’s consent you would have to make an application to the Court under the Children Act 1989.

2. How much contact am I entitled to have with my children?

If you are separated from your partner then it is best for all concerned if you can agree the arrangements regarding contact with your partner direct. It is important to have an agreed pattern of contact so that everyone, including the children have stability. There are no set rules concerning how much contact should take place and therefore you have to try and agree arrangements that will suit your lifestyle and more importantly the children. If you are unable to agree contact then you can issue an application for a Contact Order to the court under the Children Act 1989. S1. clearly states that the welfare of the child is paramount – this should therefore be borne in mind at all times.

3. Can I take my children on holiday abroad?

Once again, if there is agreement between you and the other parent then as the parents of the child/ren you can take your children away on holiday. You will simply need to agree to collect the Passports for the children and then return them after the holiday. If there is no agreement you can apply to the Court for a Specific Issue Order allowing you to remove the children from the jurisdiction for the duration of the holiday.

For information on any matters discussed, simply call one of our family law solicitors Helen Oakes or Suzanne Smith on our Freephone 0800 731 2947 or to receive an online discount complete our online form below: