In this article, Rosalyn Kinsley, Family Law Solicitor at Holmes & Hills Solicitors discusses fathers’ 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 both you and the mother. In an ideal situation, both you and the mother will be able to agree the amount of contact without the courts involvement, however, if this cannot be agreed the courts will intervene.
A father has a right to contact with their children and the court deem the parents the best people to make the decision regarding how much contact each parent should have. The only exception to this would be in specific cases where previous behaviour on the part of the mother or father may indicate otherwise.
There are no rules regarding the minimum amount of contact that you are entitled to, with many families choosing to allow the father contact one night a week and alternative weekends (Friday through to Sunday). This is obviously determined in line with what suits the family best and considerations such as the mother and fathers working hours and distance from each other need to be factored into account. It is therefore up to both parents to agree a system of contact that suits both their children’s needs and their necessary commitments.
In instances where the amount of contact cannot be agreed, getting guidance from a Family Law solicitor 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.
The court may insist on both parents attending mediation in order for an agreement to be reached. However, in the event mediation cannot take place, or is unsuccessful and the courts need to determine how much contact a father 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 have each week with the child/children, if you have parental responsibility then you are still legally entitled to be involved in key decisions about the child’s future, for example, the choice of school or where they should receive medical care. These decisions would need to be made jointly alongside the mother who would also have parental responsibility. This ensures you still play an active role in key decisions regardless of whether the child lives with you or not.
If you feel important decisions are being made by your ex-partner without your consultation or are being made against your wishes, it is recommended you get advice from a specialist Family Law solicitor such as those at Holmes & Hills Solicitors.
In most situations of divorce or separation proceedings, a father will have parental responsibility. This includes where the mother and father were married, or if they were not married but the father is named on the birth certificate and the child was born after 1st December 2003. For more information on parental responsibility see our article here.
As long as you have parental responsibility you have as much right to decisions about the child or children regardless of whether you were married or not.
For further information or advice on your rights during or following a divorce or separation and child arrangements, please contact Holmes & Hills’ specialist team of Family Law solicitors on 01376 320456.
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