Where both parents are married to each other at the time of their child’s birth or are named on their child’s birth certificate they share parental responsibility for them. This term includes a raft of rights and responsibilities such as the right to spend time with their child, have them live with them, and to be consulted on medical and educational matters that affect their child’s well-being.
Only in very rare cases of extreme domestic violence would the separation of parents change this position. It is often helpful either before or at the time of separation to jointly prepare a Parenting Plan setting out the agreed arrangements as to where and when the child will live with and spend time with each parent, schooling and holiday arrangements. This gives certainty to both parents and more importantly, the child moving forward through the shared parenting journey.
In the event that an agreement cannot be reached, mediation is available to resolve these issues. This has the benefit of being with an entirely independent person so that neither parent feels aggrieved at suggestions.
Finally, one of the main reasons for the breakdown of child arrangements can be a result of one of the parents forming a new relationship and feeling that this new person should immediately be part of their child’s life. Not surprisingly this can be very hurtful for the other parent and oftentimes confusing for the child. It is therefore in the best interests of all parties, for the new partner not to be involved with the child immediately, and to agree with the other parent on a timescale for them to meet the new partner and gradually become introduced. This action can save much heartache all around as well as significant legal costs if the matter were to later end up in court.
At Amicuslaw, we can guide you through the process, whether agreeing the terms of a Parenting Plan/arranging a mediation referral, or advising generally on the rights and responsibilities which come with Parental Responsibility. With our Family team having many years of experience in dealing with child matters, you can be sure of being in safe and knowledgeable hands. Contact us today – we’re on your side!