A child arrangements order sets out with whom a child should live and spend time with or otherwise have contact with any other person. The parent the child does not live with is referred to as the non-resident parent, and as such, will only be able to see their child in accordance with the child arrangements order in place.
It is important to note that a non-resident parent will continue to hold parental responsibility whether or not the child lives with them. This confers on them all the rights, duties, powers, responsibilities, and authority which a parent has in relation to the child and their property. Fundamentally, the non-resident parent’s opinions and wishes regarding the child’s upbringing should be taken into account alongside that of the resident parent. This includes having a say in matters such as the child’s schooling and education, having the right to be consulted in relation to any medical issues, change of surname, and whether the child is permitted to go overseas with the resident parent.
What happens if the non-resident parent doesn’t have parental responsibility?
As a non-resident parent, it is crucial to have parental responsibility, as it is this responsibility that will provide a parent with their rights to make decisions about the upbringing of their children.
In circumstances where a child is born after 1st December 2003, an unmarried father will only have parental responsibility if he is named on the birth certificate. In contrast, a father who is married to the child’s mother at the time of birth will automatically acquire parental responsibility.
If you are not named on the child’s birth certificate and do not have parental responsibility, there are four principal ways to obtain it:
- By entering into a parental responsibility agreement with all those holding it, e.g. the child’s mother
- An order of the court – you can apply to the court for a parental responsibility order which will be made if it is in the best interest of the child
- A child arrangements order – as part of this order, which determines where a child lives and when a child spends time with each parent, the court may also grant parental responsibility
- Paternity declaration – you can establish paternity through a DNA test and then follow the court process to be granted parental responsibility
A parent who later acquires parental responsibility does not lose any rights over their child, and their rights and responsibilities towards their child become equal to those of a married father. This includes the right to be involved in important decisions about the child’s life.
It is crucial that unmarried fathers who wish to play an active role in their child’s life take the necessary steps to secure their parental responsibility. This legal standing not only serves as a tool for ensuring participation in key decisions, but also lays a foundation for nurturing the parent-child relationship.
The limits of parental responsibility
Having parental responsibility does not automatically mean you have the right to see your child if they do not live with you. But if a dispute arises, it is presumed that the involvement of a parent in a child’s life will further its welfare. If a resident parent refuses a non-resident parent access to their child, they can apply to the court for a child arrangements order setting out how and when contact takes place.
It is also worth mentioning that if you have parental responsibility, this is a shared right, with neither parent having priority over the other. This means that if one parent wishes to pursue a particular course of action, such as vaccinating or not vaccinating a child, where the other disagrees, then an application to the court will need to be made to decide the issue.
Parental responsibility ends when the child reaches 18, but it can also be revoked by a court order, although this is extremely rare.
Seeking legal remedies
In cases where a non-resident parent feels their rights are being ignored by the resident parent, they can make an application to the court for a range of orders. These are:
- Specific issue order – this is an order asking the family court to look at a specific question relating to the child’s upbringing, such as a change of school or surname
- Prohibited steps order – this prevents a parent from carrying out a certain action or making decisions about their child. Examples include: consenting to a child undergoing a certain medical procedure or treatment, or moving with the child overseas
Taking the child overseas on holiday
If there is a child arrangements order in place, the resident parent can take the child abroad for up to 28 days without obtaining consent from the non-resident parent. If there is no order in place, normally a parent who wishes to take their child overseas on holiday must first obtain the written consent of all those who hold parental responsibility. In particular, consent from the non-resident parent.
Schooling
A parent with parental responsibility has the right to be kept informed by their child’s school. Most schools, especially primary schools, have specific policies/guidance on their websites regarding their responsibilities towards non-resident parents. This generally includes things such as obtaining consent for school trips and medical treatment, safeguarding, information sharing, and dealing with court orders.
Entitlements of non-resident parents with parental responsibility typically tend to include:
- Attending parents meetings
- Expressing a preference when choosing a school
- Standing for election or to vote as a parent governor
- To be notified of their right to appeal against a child’s exclusion
- To receive information on the child’s education, such as copies of reports, photograph orders, letters regarding shows/performances/assemblies, and letters regarding whole school event such as a summer fete.
- To initiate or be involved in the procedure for obtaining an Education Health and Care Plan for the child.
Any disputes that arise with the resident parent as a consequence of such entitlements must be resolved between the parents, and if necessary, by involving the court.