To help a father in his efforts to see his children, it helps first to understand the legal position. As a father living in the UK, you are entitled to a say in the care of your children. If this cannot be agreed with their mother, there are steps you can take to secure your rights to see your child.
Father’s rights in the UK and the law
A common question I get asked during the divorce process from worried dads is: what rights does a father have to see his child?
The law holds the view that parents have responsibilities towards their children and that it is the child that has a right to have an on-going, meaningful relationship with both of their parents. That relationship will be upheld by a court, as long as it is safe and appropriate for that to happen.
Both parents have responsibilities to meet the child’s needs in every way: emotionally, physically, psychologically and financially. It is a joint responsibility of both parents to ensure that all of a child’s needs are met so that their child grows up being given the best opportunity in life to thrive and meet their potential.
Parental responsibility in the UK
The law defines parental responsibility as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and the child’s property”. It gives a parent responsibility for making important decisions in the child’s life in relation to issues such as:
- which schools your child attends
- health and medical treatment
- religious upbringing
- holidays abroad and trips away with non- family members
- naming and changing a child’s name
It also gives a parent responsibility in making day-to-day decisions, such as where the child can go, who with and what they might eat.
Parental rights and responsibility for married fathers
All fathers in England and Wales who are either married to their child’s mother or have their name on their child’s birth certificate automatically have parental responsibility.
Parental rights and responsibility for unmarried fathers
If you are not married to your child’s mother, or your name is not on the birth certificate, you will not have parental responsibility automatically. You can apply to the Courts for parental responsibility or come to an agreement and enter into a parental responsibility agreement with the mother.
Before granting parental responsibility, the court will consider what is in the best interests of the child. They will look at things like the level of commitment you have demonstrated as a father so far, the attachment you have with your child, and your reasons for applying for an order.
A parental responsibility agreement would be appropriate for:
- an unmarried father whose name is not on the birth certificate.
- a father who marries and wants parental responsibility for a new partner’s child.
A father’s rights to access
A father has just as much right to have contact with and care for their children as the mother. When separated, parents will ideally reach an agreement on co-parenting together. If you would like to play a greater role in the care of your children and you cannot reach an agreement with your ex, there are steps you can take.
Sometimes a carefully worded letter from a family lawyer, setting out your proposals will help your ex see your point of view. If this doesn’t work, mediation is an option. This is the process of sitting down with a neutral third party to discuss the situation and for each party to make their case in the hope that by talking openly about the situation, you can reach a mutually agreeable solution.
Many parents who separate agree between them with whom their children will live and when the children will see the other parent. Unfortunately, it is not always possible to agree, especially when emotions are running high in the breakdown of a relationship. In this instance it’s important to understand the legal rights for fathers in the UK.
Child Arrangements Orders
If an agreement cannot be reached through negotiation, a father can make an application to the Courts for a child arrangements order. This will set out where the child will live and when they will spend time with the other parent.
It’s not a forgone conclusion that children live with their mothers and fathers are denied access to their child. There are regularly cases where arrangements are changed quite dramatically, meaning that children spend more time with dad or even live most of the week with their father. Of course, this only happens if it’s in the best interest of the child and this has to be proven.
What are a father’s rights to see his child?
The fundamental answer to the question is that the rights sit with the child, not with the parents. If you cannot reach an agreement and go to court to ask a Judge to decide, remember that the courts will consider what is in your child’s best interests, not necessarily what either of you as parents want. Often, for a child to maintain a good, close and loving relationship with both of you is in his or her best interests and a court will make orders to ensure that happens.
So, the right of the father to see his children is actually his right to promote that his children should see him and for the child’s mother to promote that, irrespective of her own feelings towards him. It is the child’s right to see their father and have an ongoing relationship with the parent that they don’t live with every day and to be encouraged by the parent they live with to see the other parent and enjoy time with them.
Coming to an agreement can be difficult and unfortunately, some cases do go to court. If this is the case, you will need sound legal advice to prepare and present your case.
