Clerks’ Blogs

Children are the centre of parents lives. Planned child contact or supervised contact is arranged by the parents or the courts to give a pattern to the child’s life. In some cases, the child is freely allowed to decide his own routine. This can lead to unplanned holidays or disruption in one parent’s plan. This will lead to arguments and confusion. Supervised contact or planned contact is preferred for the child or children. Step-sibling holidays are important. However, it is important they are authorised by the resident parent or by the other parent.

I want to take my child on holiday, why do I need to tell anyone?

It is possible for a child to go missing. It is possible for unplanned contact to be seen as child abduction. The relationship between two parents can affect the child or children. It is understandable when one parent wants to take his child or her child on holiday. The parent may want his child to spend time with their step-sibling. The general understanding, if there is a court order. It needs to be upheld.

I am not on the Birth Certificate? What can I do?

In cases where the father is not on the birth certificate, however, there is a substantial relationship between the child and father. It would need to evidential and demonstratable. There may be instances where a mother wishes to take a child on holiday or relocate. If the father is not on the birth certificate, it would be necessary for the father to apply for an emergency ‘prohibited steps order’. As long as he was ‘married to the mother’, or is the ‘biological father’ and has a relationship with the child.  The ‘prohibitives steps order’ will be heard as it urgent to prevent your child from leaving the country until your parental rights have been assessed.

She wants to take her out of school and move out of the country? Can she take my child to another country without my permission?

Is she the legal guardian? Do you have parental responsibility? What rights do you have over your child? Have you been paying child maintenance? What are the current child contact arrangements?

Have you received a “C1” form indicating the mother of your child wishes to uproot your child to relocate to another country? It could be the reason is for a better job, more income, a new relationship, or simply for personal reasons. The child does not wish to leave the school. you have frequent contact with your child. It seems outrageous as a thought. The mother has argued, your work schedule is challenging and is not suitable for you to remain in her life. The child needs more order in life.

It can be concerning, stressful and complicated. However, contact one of our specialist barristers to advise you on the necessary measures to ensure you achieve the best results.

After receiving the “C1” form, generally, you will have ‘First Hearing Dispute Resolution Appointment’ (FHDRA). This will be a chance for you resolve this matter. The relations between child and father can be demonstrated, by speaking with the child. The child may prepare a statement for the court. The maintenance payments. The regular contact with your child will be a demonstration of your relationship.

If the mother has sole parental custody of your child, she would not be breaking the law if she were to remove your child from the country. As the father, not being on the birth certificate and never being married to the mother, therefore you have no parental responsibility. Applying for equal parental responsibility & to be on the birth certificate would be a small hurdle. Contact one of our specialist for further advice.

“My shifts can be rearranged, I want to see my child!”

The mother’s ‘C1’ application may refer to your irregular shift patterns. You have not been able to spend frequent and regular time with your child. If you are able to organise your work shifts, this can be demonstrated to the court. The court would like to see a genuine relationship and efforts from the father. The fundamental purpose of the courts will be the child’s interest.

The Children Act 1989, in summary, will be looking into the child’s wishes & feelings. The physical, emotional and educational needs. How will the change affect them? Will the parents be able to fulfil his needs?

These are what the courts will be reviewing in cases involving children.

I want to apply for a Prohibited Steps Order!

Contact us urgently. One of our specialists will be able to walk you through this. There will be a court fee. However, acting now will mean, one of our specialists will be able to offer you legal advice on how to apply & what to do next. Legal advice will guide you.

Applying for Custody

Now, it is time to arrange regular child contact. If you have not already arranged child contact. This is the time to do so. Our specialist barrister is able to walk you through the necessary steps to organise contacts. The barrister will sit down with you and offer you legal advice, assist with filling in the necessary applications and help you at each stage of the proceeding. Having counsel to aid and offer regular legal advice is a sure method of achieving the desired contact arrangement.

Image Credits:

Ralf Steinberger