Children and family life
In many cases, the parents themselves, whether married or not, will be able to reach an agreement as to where their children should live and how often the children should see the other parent. However, we recognise that it is not always possible to reach a mutual agreement, especially where the relationship has recently come to an end.
Our childcare team are experienced negotiators who understand the importance of reaching an amicable and practical agreement after separation. Our aim is always to try and reach an agreement without having to go to Court, but if that is not possible, our team has years of court experience.
They’re my children
When a relationship breaks down there are several types of disputes that can arise in relation to children and when unmarried some situations can be slightly more complicated.
Parental responsibility
Parental responsibility is the right a parent has to make the decisions which affect their child. Whilst this right does not allow a parent who is not living with the child to interfere with the day to day decisions which affect the child, it does entitle that parent to make significant decisions.
Unmarried parents should be aware that whilst the mother of a child automatically has parental responsibility, the father of the child will not have automatic parental responsibility unless he was married to the mother at the time of the child’s birth or he subsequently married the child’s mother. There are ways however that a father can acquire parental responsibility.
We can offer advice, assistance and representation in all aspects of parental responsibility for either party.
Residence and contact
When a relationship breaks down, one of the biggest decisions parents will have to make is where the child should live and contact rights of the non-resident parent. Parents will often be able to decide this between themselves, as one parent may be the primary carer and the other parent accepts that it would be best for this arrangement to continue.
If no agreement can be reached, there are other options available which are aimed at reaching a mutual agreement as quickly and amicably as possible, such as mediation and negotiation through solicitors.
Financial maintenance for the children
Parents have a legal obligation to financially maintain their child. This obligation exists even if the parents have never been married to one another, and will continue if the parents then separate from one another. In many cases, this obligation will continue until the child reaches 16 years old, and continues further if the child remains in education until they are 19 years old.
Looking to adopt…
If you want to adopt a child, it is no longer the case that you have to be married. Unmarried couples, those in same sex relationships and single persons can now adopt.
Once you have adopted a child you will become the child's legal parent, and the child’s natural parents will no longer have any rights or responsibilities towards the child. Adoption is therefore a major decision, in both the child’s life and your life. We can advise and assist you with regards to the legal implications. If you decide to proceed, we can discuss your adoption application with you prior to, or just after your application is considered by the adoption panel.
Assisted reproductive technologies
There has been a recent court case in the European Court of Human Rights where a couple had frozen embryos whilst they were in a relationship with one another, but the couple had then split up. The Court refused to allow the applicant to use the fertilized embryos as the Respondent had refused to consent to the eggs being used. This decision may have been very different if the couple’s intentions had been clearly recorded at the time the embryos were frozen, and then consent was subsequently withdrawn. However, this kind of situation has not been tested in a Court, so there is no way to tell which way the Court would decide.
However, if you and your partner are undergoing any assisted reproductive technologies (such as IVF, surrogacy and/or donor insemination) to try to have a baby then it would be sensible to clearly record, whilst undergoing treatment or upon separation, what you want to happen to the sperm, eggs and/or embryos. We can advise and assist you in relation to preparing this kind of documentation.
Domestic Abuse
If you are suffering from domestic abuse, the top priority will be your immediate protection. We would always advise you to contact the police immediately if you are subject to an attack by another person.
We can then provide advice and assistance in relation to your rights and the legal options available to protect yourself and your children. This may involve writing a warning letter to the person or making an application to court for an injunction.
For more detailed information on these issues please read our Guide to Family Law
