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Practice Areas Family Law // Video Guides
Videos
The welfare checklist
When considering any issue concerning a child the Court must take into account the welfare checklist. This checklist must be considered in every case and contains the following 7 factors:
- The ascertainable wishes and feelings of the child concerned (in light of his or her age and understanding)
- The physical, emotional and educational needs of the child
- The effect on the child of any change in circumstances
- The child’s age, sex, background and any relevant characteristics of the child
- Any harm which the child has suffered or is at risk of suffering
- How capable each of the parents is of meeting the child’s needs
- The range of powers available to the Court
Even if an application to the Court is made the Court will only make an order if a Judge considers that an order would be better for the child than making no order at all.
Parental responsibility
Parental responsibility is defined as all the rights, duties, powers and responsibilities and authority which a parent has in relation to the child. In effect, parental responsibility gives the individual the right to be involved in the day-to-day management of the child’s life. People with parental responsibility are entitled to be given information regarding the child’s education and any medical matters.
A mother has parental responsibility as soon as the child is born and this can never be removed unless the child is freed or placed for adoption.
As a father, you will also have parental responsibility if you were married to the mother at the time of the birth or married her later on. If you are an unmarried father you can acquire parental responsibility in one of six ways:
A mother has parental responsibility as soon as the child is born and this can never be removed unless the child is freed or placed for adoption.
As a father, you will also have parental responsibility if you were married to the mother at the time of the birth or married her later on. If you are an unmarried father you can acquire parental responsibility in one of six ways:
- If the child is born after 1st December 2003 by registering the birth with the mother so that your name appears on the birth certificate.
- By entering into a Parental Responsibility Agreement with the mother.
- By applying to the Court for a Parental Responsibility Order.
- By being appointed a guardian by the mother or the Court.
- By obtaining a Residence Order from the Court.
- By marrying the mother.
Step-parents (through either marriage or civil partnership) can also acquire parental responsibility by either entering into a step-parent parental responsibility agreement or applying to the Court for an Order. A grandparent can normally obtain parental responsibility if the child is living with them on a regular basis by applying for a residence order.
How to deal with the breakdown of a relationship
How to save money on a legal matter involving Family Law
How to Choose a Solicitor for a Family Law issue