Divorce & Separation

Unmarried fathers’ rights

Graysons solicitors are experts in dealing with issues involving unmarried couples and couples who have separated.

Fathers are often ill-informed about their rights concerning children from previous relationships. Our expert solicitors can explain what rights you have as a parent and help you to exercise those rights, through the courts if necessary.

Parental Responsibility

The legal term ‘parental responsibility’ means that you have the right to be involved in making decisions about your child in important areas such as education, medical treatment, religion and also their general upbringing. It also means that you have a shared responsibility to care for and protect the child.

However, without parental responsibility you do not have an automatic right to contact with your child. This means that if you want to see your child regularly, have them to stay with you or take them on holiday you may need to obtain these rights legally.

It is often assumed that the biological father of a child automatically has parental responsibility, but this is not always the case. You have parental responsibility if:

• You are the child’s mother
• You are the father and your are married to the child’s mother
• You have adopted the child
• You are the father of a child born after 1st December 2003 and your name is on the birth certificate

You may need to obtain parental responsibility if:

• You are the father of a child born before 1st December 2003 and are not married to the child’s mother
• You are the unmarried father of a child born after 1st December 2003 and are not named on the birth certificate

There are a number of ways in which Graysons solicitors can help you to obtain parental responsibility. This can mean arranging a parental responsibility agreement with the child’s mother and registering this with the court or applying to the court if an agreement cannot be reached.

Contact us for a consultation to see how we can help you to obtain parental responsibility.

Contact with your child

Many unmarried and separated couples agree between themselves on when the non-resident parent can see their child (or children) or have them to stay. This type of informal agreement can work well in some situations; however, it can present problems if the parent with whom the child lives changes their mind and stops contact from taking place.

Unfortunately this is a common occurrence and we are frequently contacted by people (usually fathers) who have been stopped from seeing their child.

In these circumstances it is often appropriate to apply to the court for a ‘Contact Order’. A Contact Order may be specific in terms of when and for how long you are allowed contact with your child or it may be more general and grant ‘reasonable contact’ which is to be worked out between the parents.

If there are allegations of abuse or violence, either towards the child or the other parent, the Court will have to decide whether contact will be allowed or if supervised contact is appropriate.

In all circumstances the Court’s decision will be based primarily on what is in the best interests of the child.

Graysons solicitors are experts in dealing with contact arrangements. Cases can be handled on a fee paying or legal aid basis.

Contact us for a consultation to see how we can help you.