Children and Divorce

Until the Children Act 1989 came into force, there was always an order in respect of the children of a marriage even though, frequently, the parents were able to agree matters. After the Act came into force, the courts became less busy with this type of order, which was often dealt with by consent between the parties. The Act also changed the terminology for good reason. The old types of order were not all that people believed.

TYPES OF ORDER – OLD AND NEW
The types of order available under Section 8 of the Act, and their forerunners, are examined here. The most important are:

PARENTAL RESPONSIBILITY ORDERS
These govern the rights and responsibilities of a parent. Such an order does not give the parent with whom the child is not living the chance to interfere with the day-to-day regime and upbringing of the child but it does carry with it the right to be consulted about major events and decisions concerning the child. These might include the religion within which the child is brought up, the type of education that the child receives, serious medical issues and consent for the child to marry before reaching 18 years of age.

Remember that if you are a married parent you automatically have parental responsibility and no order or agreement is necessary. If you are not married you can obtain parental responsibility by agreement with the other parent or by applying to the court.

Seatons Solicitors can help you with the documentation and procedures for a Parental Responsibility Agreement and advise and act if an order is necessary.