The term “custody” is considered an outdated term and is now referred to as child arrangements. Child arrangements can be a contentious and emotionally charged issue, especially during the breakdown of a relationship. In divorce proceedings, determining where and with whom a child will live is one of the most important matters to be addressed. But how are child arrangements determined when the parents are not married?
Can I get ‘custody’ of my child when I am not married to the mother and not listed on the birth certificate?
If you do not automatically have parental responsibility for a child (i.e. you are not married to the mother and are not listed on the child’s birth certificate), you can apply for parental responsibility via the Gov.uk website. You will need to be connected to the child, either by being their father, step-parent or second female parent.
If you’re a father who wants parental responsibility and the mother agrees to it, you can fill out a parental responsibility agreement which must then be taken to family court to be signed and witnessed.
If you wish to have parental responsibility but cannot come to an agreement with the mother, you can apply for a court order.
Does being married impact child arrangements?
Marital status does not have an automatic impact on where a child will live and how their time will be divided between their parents. Although parental responsibility is automatically assigned to the mother (whereas a father has to meet the criteria mentioned above), this doesn’t mean that a mother will be given sole ‘custody’ in a child arrangements order. This will be determined by what is in the best interests of the child.
It used to be the case that as a father, if you were not married to the mother of your child, you did not have automatic parental responsibility. In December 2003, the law changed in England and Wales so that you have automatic parental responsibility as a father, as long as your name is on the child’s birth certificate.
Parental responsibility vs child arrangements
Parental responsibility and child arrangements are two distinct but related concepts in family law.
- Parental responsibility encompasses the legal rights, duties and authority a parent has regarding their child’s wellbeing, including where they live, who they spend time with and how they are raised.
- Child arrangements focuses on outlining legally the practicalities of a child’s living situation and how much time each parent spends with them.
Child Arrangements Order
It is not compulsory for parents who have separated to have a child arrangements order drawn up. Many parents are able to come to an agreement without going through legal proceedings. However, if you are unable to agree on child arrangements, or feel you are being denied a relationship with your child, you will need to make an application for a child arrangements order.
Who has parental responsibility for a child if the parents are not married?
The mother of the child/children will automatically be assigned parental responsibility for her child/children from birth.
A father usually has parental responsibility if he’s either:
- Married to the child’s mother
- Listed as father on the birth certificate
What does having parental responsibility actually involve?
In England and Wales, parental responsibility broadly means having all the legal rights, duties, powers, responsibilities and authority a parent has in relation to a child and the child’s property. This includes deciding on things such as living arrangements, education, diet, travel, religion, financial support – and all of the day-to-day responsibilities involved with raising a child.
Our local child arrangement solicitors are here for you
Our team of family law experts understands how challenging child arrangements can be. We are here to help make this process as stress-free as possible.
Take advantage of your free 30-minute consultation with our team of child arrangement order solicitors. Call 0800 321 3832, or complete our quick online form today.
Fiona Spinks
Divorce and family solicitor Cambridge
