Families are structured in increasingly different ways and it is no longer the standard for people to get married or enter a civil partnership before having children. In 2021, it was found that 51 per cent of children were born to unmarried couples and this figure has increased since then.
Having children outside of wedlock may now be the norm, but your legal rights as a parent may be at risk if you are not aware of the law.
What rights do parents have by default?
While marriage will typically confer equal rights to both parents, unmarried parents are not treated so favourably.
Only the parent who gave birth to the child will be given automatic rights and responsibilities, but it is possible for the other parent to get rights if they:
· Are named on the birth certificate
· Have signed a Parental Responsibility agreement registered with the court
· Have been granted Parental Responsibilities by the court
There is a legal preference for children to have contact with both parents unless there are valid reasons why this is unsafe, such as if either parent is abusive or is actively abusing drugs or alcohol.
Will we need a court to set up child arrangements?
There may be alternative options to going to court if you and your ex-partner are able to come to an arrangement.
However, you must be cautious when entering into negotiations to ensure that you are taking the necessary steps to protect your legal rights.
Mediation can be effective, but only when legal advice is sought beforehand and during the process.
It may be possible to mediate through solicitors if you and your ex-partner would prefer to avoid direct communication and this can keep matters out of court.
While court may seem daunting, it is worth understanding that it is sometimes the best option for all parties.
When is it necessary to go to court for child arrangements?
If you and your ex-partner reach an impasse where you cannot come to an agreement, taking matters to court is the most effective way to resolve the matter.
The court is able to establish a Child Arrangements Order that will provide a legally binding contract for both parents to follow.
Once you have made an application to the court, it will review the circumstances of the case and consider what arrangements are in the child’s best interests.
These decisions will be centred on where the child lives, how much time you each will spend with the child and how other familial relationships should be managed.
We understand that court proceedings can be emotionally charged, which is why the team at Palmers Solicitors are ready to support the people of Essex in preserving their legal rights.
Our experts provide compassionate support to ensure that you know your legal position and are able to make the best decisions to protect you and your family.
If you and your ex-partner are separating and you need support with Child Arrangements, get in touch with our team.
