Contact and Residence
When dealing with any issue relating to children, the Courts primary concern is the welfare of the children.
Wherever possible it is always in the best interest of any child for parents to agree where the child will live (residence) and how often they see the parent that they do not live with (contact).
If this cannot be agreed, then the Court will decide any issue in dispute in the best interest of the child or children as they see it.
It should be noted, that it is the child’s right to have a relationship with both parents. However when one parent does not agree to allow the child to see the other parent (for whatever reason) the other parent can make an application to the Court, to re-establish that relationship.
The Court can make a Child Arrangement Order setting out how often and under what circumstances the child can see their Mother or Father or with which parent they are to live.
Either Parent can apply for a child arrangement order.
Where the parents to a child are married they both share parental responsibility for their child. Where the parties are not married the mother only has parental responsibility, unless the father has acquired it.
If a Father does not have Parental Responsibility for a Child and where the Mother will not agree to him having Parental Responsibility then he can apply to the Court for a Parental Responsibility Order.
Parental Responsibility affords the Father, the same rights as the Mother with regards to the children.
Prohibited steps and Specific Issue Orders
It is possible for either parent to apply to the Court for a Prohibited Steps Order, which can set out a list of actions which are not allowed and Specific issues that may be in dispute to resolve such as schooling, religious upbringing and medical intervention, holidays’ with the Children by one Parent when the other objects.
Tustain Jones can assist you in resolving disputes with regard to your children.