collaborative post
The question around the rights of the mother over a father often rise to the surface when there has been a relationship breakdown. If you no longer live with your child, then you may wonder what the non-resident parents’ rights actually are. Here, we explore the differences in parental rights between mothers and fathers.
Does the mother have more parental rights than a father?
If you are not living with your child, you are known as the non-resident parent. Often, although not always, when there has been a separation of parents, it is the father who becomes the non-resident parent. If the father has Parental Responsibility for his child, he will maintain the same rights and responsibilities as before the relationship ended.
However, unlike mothers who automatically have Parental Responsibility after a child is born, fathers do only automatically have PR unless they are married to the mother and/or named on the child’s birth certificate. However, they can apply for Parental Responsibility to the courts.
If you already had Parental Responsibility
If you had Parental Responsibility before you separated that will not change, regardless of whether your child lives with you or not. This means that the non-resident parent will maintain their rights and responsibilities in relation to their child. They will still have input on their child’s education, their medical care, and whether or not a child should be taken abroad on holiday by their other parent.
When disputes occur
Although you may have Parental responsibility, this does not necessarily mean you have an automatic right to see your child. It is expected by the courts that any agreement made should include the involvement of both parents in the best interest of the child. Following a divorce or separation, it can be difficult to reach a mutual agreement on the time each of the parents spends with their children. When there is a dispute, or if, for example, one of the parents tries to block or limit contact, then a Child Arrangements Order can be sought through the courts.
What is a Child Arrangements order?
In accordance with the Children Act 1989, a Child Arrangements order determines who a child will live with and or have contact with. There are no hard and fast rules as each case is handled based on the unique circumstances of the families involved. The key focus of the order is to prioritise the best interests of the child or children. The order must be complied with until the child reaches age 16 or unless there are certain conditions attached. At this stage, it is then up to the child to decide the level and frequency of contact they have with their non-resident parent.
Family mediation
Another option is for families to attend mediation sessions to work out child arrangements following a separation. Mediation can be a helpful and often less expensive way to reach a decision rather than going to court. Family mediators are independent third parties who will work with both of you and give each of you the opportunity to highlight any issues, put across each of your views on the situation and seek solutions. Mediation provides you with the chance to reach a final decision between you and the other parent without having to go to court.
Conclusion
All children have the right to enjoy a relationship with both their parents. When each parent has Parental Responsibility, they have equal rights and responsibilities in relation to their child.
When it comes to deciding where a child should live and how often they have contact with a non-resident parent, it is always advisable to try to negotiate with each other first or attend mediation as going through the courts can be both a costly and lengthy process. If you are uncertain of your next steps, it is also worthwhile reaching out to a family lawyer.
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