In this article, Sue Wardropper, Family Law Solicitor at Holmes & Hills Solicitors discusses mothers’ rights with regards to children during and following divorce or separation.
In most situations when a relationship comes to an end it will be in the best interests for any children to still maintain contact with you and the father.
There are no rules regarding the minimum amount of contact that each parent should have and the Court prefers for the parents to agree this without their intervention. However, in instances where parents cannot agree, the Court will review the situation and formalise an agreement between you and the father. This however can take some time as a number of factors need to be reviewed and a number of processes followed.
Whilst it is more typical for children to have their main home (residence) with their mother, this may not always be the case and it cannot be assumed this is in the best interests of the children or will be the end result in your case.
It is important to remember that a father has a right to contact with their children. The only exception to this would be in specific cases where previous behaviour on the part of father may indicate otherwise, in these instances it may be appropriate for the father to only have contact with the children in a supervised environment such as at a support centre.
In instances where the amount of contact cannot be agreed, getting guidance from a Family Law lawyer may be necessary and doing this is a recommended first step. It may be that your ex-partner has approached a solicitor already, or is planning to.
Where you and the father cannot agree on the amount of contact, where children should live, or whether contact should be supervised or unsupervised, the Court may insist on both parents attending Mediation in order for an agreement to be reached.
In the event mediation cannot take place, or is unsuccessful and the courts need to determine how much contact each parent should have, this can be far more complex with a number of factors having to be considered. It is at this point that any explicit wishes of the child may be taken into consideration, subject to the age/maturity of the child.
Regardless of the amount of contact you and the father have each week with the child/children, as a mother you will have parental responsibility and are therefore legally entitled to be involved in all key decisions about the child’s future. The child’s father may also have parental responsibility if you were married when the child was born, or if they are named on the child’s birth certificate (and the child was born after 1st December 2003). If this is the case, he will need to be involved in any key decisions regarding the child too. This includes decisions such as the choice of school and even where they should receive medical care.
If you both have parental responsibility you will need to mutually agree on these key decisions and this means that you would be unable to relocate to a different country without agreement from the father too.
If your children primarily live with you, you will be responsible for keeping the father up to date with their well-being and progress, regardless of whether the father has contact with the child or not – as long as the father has parental responsibility.
It is important to bear in mind that a father has a duty to support their child financially regardless of whether they have parental responsibility or not and regardless of the extent of their contact. If the father is not supporting your children or is disputing the amount of financial support they should provide, it is recommended you seek advice from a specialist Family Law solicitor.
If you feel important decisions are being made by your ex-partner without your consultation or are being made against your wishes, it is also recommended you get advice from a specialist Family Law solicitor such as those at Holmes & Hills Solicitors.
A Mackman Group collaboration - market research by Mackman Research | website design by Mackman
