Child Arrangements and Parental Responsibility

There are lots of ways that we can help you to reach an agreement about your children. Going to see a solicitor does not mean that you have to go to court.

You will be parents together for the rest of your lives and so we take the approach that it is best to advise and support you to agree on arrangements that you are both willing to work with wherever that is possible. Here are a few options:

• We can give you advice and guidance whilst you negotiate an agreement yourself.
• We can offer you Mediation services
• We can give you advice and guidance if you have attended mediation elsewhere.
• We can negotiate on your behalf by letter, telephone, or at meetings.
• We can guide you through the collaborative law process

Where you can reach an agreement about the arrangements for your children we can help you draw up a parenting.

Where agreement is not possible, we can represent you in Court proceedings.

What is parental responsibility?

Parental responsibility is all of the rights, duties, powers, responsibilities, and authority that a parent of a child has in relation to that child and their property. Parental Responsibility is largely focused on what you can or should do for your child, rather than what rights you have over the child.

All birth mothers automatically have parental responsibility.

Biological fathers can acquire parental responsibility in several different ways:

• If the mother and father are married then the father has parental responsibility.
• If your child was born after 1 December 2003 then the father has parental responsibility if he is named on the birth certificate.
• If the parents are not married and the father is not on the birth certificate then the father can obtain parental responsibility through a legal agreement with the mother (called a Parental Responsibility Agreement) or through the courts (called a Parental Responsibility Order)

Lots of fathers worry that following separation they cannot see their children if they do not have parental responsibility. This is not true. You can still agree with the mother that the children spend time with you or even live with you without parental responsibility. Or, if you cannot reach an agreement, then you can apply to court instead.

Other people can also obtain parental responsibility through a Court Order. For example, a Local Authority may be given parental responsibility under a Care Order, or another family member like a grandparent may be given parental responsibility under a Child Arrangements Order or a Special Guardianship Order.

Speak to us about your specific situation, your options, and how we can help.

What is a Child Arrangements Order?

There are two types of Child Arrangements Order:

• Where the children will live; or
• Who the children spend time with and when.

A Child Arrangements Order about where a child will live gives the holder parental responsibility for as long as the order lasts if they did not have it already.

Parents can apply to the Court for a Child Arrangements Order. Other people who are important in children’s lives may also be able to apply, for example grandparents.

Get in touch with our Child Law Solicitors in Gloucestershire

For expert family law advice on child matters, please contact our local offices in Gloucester or Stroud today. If you have a quick question or would like to request a call back, you can also use our quick online enquiry form.