The Mayo Wynne Baxter Family Team has particular expertise in dealing with family issues involving children. This section of the website has been designed by our experts to explain the issues involving children in a clear and simple way.

Parental responsibility

A married father has automatic Parental Responsibility, as does a natural father whose name is on the child’s birth certificate for a birth registered after 1st December 2003. In other circumstances a natural father who was unmarried to the mother at the time of his child’s birth does not, but does have the ability to apply for an order for Parental responsibility.

The main rights of Parental responsibility are:

Parental responsibility can be obtained by agreement which is formally recorded and sent to the Principal Registry in London. If an agreement cannot be reached the father may make an application to court for Parental Responsibility.

Residence and contact

If both parents agree about the residence of the child and about the absent parent’s contact with the child, the Children Act 1989 has a principle that there should be no order which would be observed by the Court.

Where there is a dispute, the first step is to try and open up negotiations between solicitors. If this is unsuccessful an application can be made to the court for a range of orders: Residence; Defined Contact; Specific issue order; or a Prohibited Steps Order. The overriding principle of the Court is that the welfare of the child is of paramount importance, and it is the child’s right to have contact with both parents.

On an application to either the Magistrates Court or the County Court, there is an automatic appointment with a CAFCASS officer to see if an agreement can be reached. If this is unsuccessful the court will give directions, which may include a CAFCASS officer reporting to the court on the issues in dispute, having spoken to both parents and the child. The Court will also require witness statements of both parents to be filed at court.

Once the CAFCASS officer has made a Report the court will list the dispute for pre trial directions. It is often at this stage that agreement is reached, since the CAFCASS officers recommendations are highly regarded by Judges. If there is still no agreement the Court will list the application for a Final Hearing.

For further information or advice on any family law issue contact a member of the Family Law Team on:

Brighton Tel: 01273 775533
Email: brighton@mayowynnebaxter.co.uk

Eastbourne Tel: 01323 730543
Email: eastbourne@mayowynnebaxter.co.uk

Lewes Tel: 01273 477071
Email: lewes@mayowynnebaxter.co.uk

Tunbridge Wells Tel: 01892 526442
Email: tunbridgewells@mayowynnebaxter.co.uk

Hailsham Tel: 01323 840616
Email: hailsham@mayowynnebaxter.co.uk

Seaford Tel: 01323 891412
Email: seaford@mayowynnebaxter.co.uk

Lingfield Tel: 01342 833690
Email: lingfield@mayowynnebaxter.co.uk