Children

This is an area of law which makes little distinction between married and unmarried couples. Unmarried couples have the same rights to make court applications in the event of a separation.  

Where parties cannot agree on the arrangements for the children , it may necessary to apply to the Court for one of the following Orders :- 

• Residence Order  

• Contact Order  

• Prohibited Steps Order  

• Specific Issue Order 

The Residence and Contact Orders provide for the arrangements as to who the children will reside with and what contact and they will have with the other parent.  

Prohibited Steps Orders are made to prevent certain acts taking place, for example the removal of a child from the country. 

A Specific Issue Order is made to provide for a specific act to be done e.g. in relation to religious upbringing or education.  

Parental Responsibility is the power for make decisions relating to medical treatment and health, education, residence , religions etc. In the Children Act 1989 it is defined as “all the rights duties powers and responsibilities and authority which by law a parent of a child has in relation to the child and his property”. Parental responsibility vests solely in the mother of the child where it is born outside marriage. However, the mother can agree to give the father parental responsibility by entering into a written agreement which is then approved by the court. A father can also apply to the Court.  

The status of parental responsibility may be important for a number of reasons even if the parties are in agreement to make decisions jointly. After the father is given parental responsibility the child’s name cannot be changed by the mother without his consent nor can the child be adopted by another person without his consent. Should the relationship break down the fact that the father has parental responsibility will give him the right to have access to the child’s school reports or medical records.  

Irrespective of whether the father has acquired parental responsibility he is under an obligation to maintain his children as is the mother. There is no distinction in the law between married parents or unmarried parents. The liability for maintenance is not dependant on marital status. The Child Support Act 1991 set up the Child Support Agency which now has sole jurisdiction to make maintenance assessments and collect maintenance from absent parents.  

The Child Support Agency makes no distinction between married and unmarried parents of children and a parent's liability is not dependent upon his or her marital status.  

The Child Support Agency does not have jurisdiction if one or other of the parents lives outside England and Wales and it does not have power to deal with additional financial provision for children such as school fees or a lump sum for the children. For this type of provision the Courts continue to be involved.