parenting Archives - Page 2 of 2

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Does it matter if a father is named on a child’s birth certificate?

YES!

I’m often asked if it really matters if a child’s father or other parent is named on their birth certificate. In the chaos of bringing home and caring for a new baby, a trip to the registry office can fall down the list of priorities, but it is important to make sure the birth certificate is fully completed properly.

Being named on a birth certificate or not can have a big impact on a parents “parental responsibility” which I have discussed in a previous post. In brief, parental responsibility is really important, it is the legal rights and responsibilities of a parent.

You need to register your baby’s birth within 42 days of the birth at the local registry office. Most hospitals are pretty good at giving you instructions for your local process at discharge, if in doubt check your Local Authority’s website.

I am going to be addressing the position for opposite-sex couples in this blog. It is slightly different for same-sex couples, which is dealt with in the “Who can register a baby’s birth?” blog.

If the mother and father are married or in a civil partnership at the time of the child’s birth the father automatically acquires parental responsibility when the child is born.

Difficulties arise when the parents are not married nor in a civil partnership. In that scenario, the father does not automatically acquire parental responsibility, if he is not named on the birth certificate he isn’t legally recognised as the father. This has the potential do cause real difficulties for him if he wants to play a role in his child’s life.

Can the father be added to the birth certificate later?

Yes.

How this is done will depend on whether the mother agrees to his name being added and the birth re-registered. This is only relevant for unmarried, non-civil partners.

If the mother is in agreement, the birth certificate can be re-registered with the General Register Office (GRO). The mother and father will need to provide a statutory declaration to the GRO from the mother confirming that the father is the child’s father.

You can get the statutory declaration form here:

https://www.gov.uk/government/publications/statutory-declaration-of-acknowledgement-of-parentage-form

If the mother is not in agreement to the father being added, the father will need to make an application to the court seeking a declaration of parentage. This may involve a DNA test being undertaken to establish paternity if this is not accepted. Once established, the court will notify the GRO and the birth certificate will be re-registered including the father’s details. Father will not acquire parental responsibility in this case but will need to take a further step.

Parental responsibility agreement

A parental responsibility agreement (PRA) is made between the child’s father and mother and will provide the father with parental responsibility when the parents are unmarried or not in a civil partnership. A PRA is only needed where the father isn’t named on the birth certificate or his name was added via re-registration following a declaration of parentage from the court. A PRA can only be made if both parents consent to it. Once made it should be submitted to the court and then sent to the GRO.

You can get the parental responsibility agreement form here:

https://www.gov.uk/government/publications/form-cpra1-parental-responsibility-agreement

Parental responsibility order

A parental responsibility order is made by the court and will provide the father with parental responsibility. It is only necessary where the father is not named on the birth certificate and the mother is unwilling to either re-register the birth certificate with the GRO or lodge a parental responsibility agreement with the court. If a declaration of parentage has been made by a court then a parental responsibility order will also be required to give the father parental responsibility.

Details on how to apply for a parental responsibility order can be found here:

https://www.gov.uk/parental-rights-responsibilities/apply-for-parental-responsibility

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Choosing the right solicitor for your matter is crucial and we therefore offer a free initial consultation so that you can find out more about our services and decide whether we are the right fit for you.

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When should I speak to a solicitor about my divorce.

Many people put off speaking to a solicitor because they are worried about the potential cost. Conversely, by speaking to a solicitor at the outset you are more likely to save costs in the long run as well as a lot of stress. The earlier you obtain legal advice about your separation the better. Practical advice about the divorce process and the likely outcomes for you will help you navigate the process with clarity and understanding. In my experience, couples who have both received early legal advice are more likely to reach a settlement and avoid the delay and costs excessive litigation can bring.

It is never too early to speak to a solicitor if you think your relationship is coming to an end. Burying your head in the sand will achieve nothing, facing up to the situation from an informed position will empower you to move forward and make the overall process less stressful. I often speak to people before they have made a definite decision about their relationship, but who want to explore their options and what their reality may look like of they proceed with a divorce.

Your partner or ex-partner need not know you have obtained legal advice if you decide not to proceed with the situation. The interactions you have with a lawyer will be confidential and your lawyer will be used to dealing with clients very discretely.

Just because you speak to a solicitor does not mean your case will end up in court. A good solicitor will seek to achieve the best outcome for you without litigation if possible. They will be able to support you through the mediation process and work with you to achieve an agreed outcome with your ex-partner.

Children and separated parents, family law, parenting, family court, contact order, child arrangement order, residence order

What is Parental Responsiblity?

Parental responsibility is really important. It is the legal rights and responsibilities a parent has for a child and what gives legal recognition to you being a parent.

If you have parental responsibility you will be responsible for:

Providing a home for your child;
Protecting and maintaining your child (although parents without parental responsiblity also have a duty to financially support thier child)
Choosing and providing for your child’s education;
Making decision in relation to your child’s medical treatment;
Naming and agreeing to any change of name;
Looking after your child’s property.

Exercising parental responsibility, that is making decisions about your child should be done in agreement with all others with parental responsibility. This is usually straightforward if you are in a relationship with the other parent, however for separated parents it can be challenging.

Parental responsibility and separated parents

Having parental responsibility for a child you do not live with, does not automatically mean you have a right to spend time with them. However, the parent with who the child lives must consult others with parental responsibility when making major decisions about your child.

You do not need to be consulted about each day to day decision, however when it comes to important matters such as schooling or moving abroad, both parents should reach an agreement. It is sensible to record this in writing.

If an agreement can’t be reached you can apply to the court for a specific issue order or a prohibited steps order.

You can find out more about this and get the relevant court forms here:

https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

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Can we make a joint application for divorce?

Yes, recent changes to the law mean that for the first time it is possible for a couple to apply jointly for a divorce. Whilst it is still possible to apply individually, a joint application is likely to be the best option in most situations.

Making a joint decision to apply for a divorce can be seen as a positive step forward when a relationship has broken down. Rather than one person taking the lead and the other perhaps feeling ambushed or shocked, a joint application ensures that both parties are well aware of the divorce from the outset and will feel fully involved and are more likely to engage with the process.

If you can start the divorce process in a (relatively) amicable manner, when you are both emotionally ready to proceed, it is much more likely that you will then be able to deal with resolving your finances and the arrangements for your children in a smoother manner.

When applying jointly for a divorce application, one person will take the lead – Applicant 1, the other will be Applicant 2. If at some point during the process your relationship deteriorates significantly or one person is not engaging with the process, it is possible to switch to an individual divorce application so that progress can be made.

I’ve set out in more detail the process for applying jointly in another blog.

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How do I make an individual application for a divorce.

Step 1: Apply online

Whilst instructing a solicitor is not required when submitting a divorce application, if you have been unable to agree to make a joint application with your ex-partner it is likely your relationship is quite acrimonious and some professional input will likely be of real benefit. You may not need to instruct a solicitor to apply for the divorce but an initial consultation is likely to be of real benefit early on if your separation is particularly difficult.

The divorce process includes not only obtaining the final divorce order, but you may also have to make arrangements for your finances and children. It is the financial and child arrangements which usually prove to be the more difficult areas to resolve and which are at risk of escalating to contested court proceedings with escalating costs and significant delay.

The divorce application is usually the first step on the road to separation and can set the tone for the whole case going forward. Seeking early advice from an experienced solicitor can assist with getting the case on the right track, minimising the potential for conflict and possible protracted proceedings in relation to your children and finances going forward.

You can access the divorce application portal here:

https://www.gov.uk/divorce/file-for-divorce

Please ensure you use the gov.uk website and not any other. There are many “divorce provider” websites who will charge you a fee for submitting the application on your behalf.

The court fee for applying for a divorce is currently £593. If a website asks you for further funds you are likely in the wrong place.

You can make a paper application, however I strongly recommend you apply online, it is quicker and you are less likely to make a mistake on that form.

In terms of making the application, one party will make the application they will be known as the “Applicant”, the other party will be known as the “Respondent”.

The Applicant will be responsible for paying the court fee.

Step 2: The court starts the divorce process

After your application has been submitted, it takes 2 weeks before the process officially begins, this will trigger the 20 week reflection period.

The reflection period is in place firstly to allow the couple to change their minds about the divorce and secondly to make arrangements for their children and finances.

The court will send your partner a copy of the divorce petition and the “Acknowledgement of Service” (AOS), you parter has 14 days to complete the AOS and return it to the court.

Step 3: You apply for the conditional order

After the 20 week reflection period, (assuming that the Respondent has promptly returned the AOS) you can apply for the conditional order. (Previously known as the Decree Nisi).

Step 4: The court reviews your application for a conditional order

When your application for the conditional order is received by the court, a legal advisor will review your application. If they approve your divorce, they will issue you with a Certificate of Entitlement to confirm the date of your conditional order. This step takes one to two weeks.

Step 5: The court grants the conditional order

The date of the conditional order will be around 4 to 5 weeks from the certificate of entitlement.

Once the court grants the conditional order, the second compulsory waiting period begins, this time for 6 weeks. This stage is significant as it is only when the conditional order has been granted that you are permitted to submit any financial orders such as a consent order or clean break order in relation to any financial agreements you have made.

Step 6: You apply for the final order

After a minimum of 6 weeks have passed you can apply for the final order (previously known as the Decree Absolute) to finalise your divorce.

Step 7: The court grants the final order

The court will issue the final order a few days after your application. A copy will be sent to both of you and this final order means you are officially divorced. You will need to keep this order safe, as you will need it in the future as proof of your divorce.

family law, parenting, family court, contact order, child arrangement order, residence order

New legislation raises minimum age to marry to 18 in England and Wales

Previously people (children) could get married at 16 to 17 as long as they had parental consent.

This new law applies to regulated marriages as well as unregulated ceremonies that are not registered with the local council.

The penalty for adults who facilitate the marriage of an under 18 includes up to 7 years imprisonment and a fine. The penalties do not apply to any children involved.

Significantly the rules are to apply to marriages abroad so will include adults who take children out of this country to facilitate a marriage.

The bill has sailed through Parliament with little opposition and will receive Royal Assent later this week.

The new legislation will not affect the validity of any marriages or civil partnerships that took place prior to the new law coming into force.

This change is not UK wide, in Northern Ireland and Scotland the minimum age for marriage remains at 16, in Northern Ireland you still need parental consent but in Scotland it is not required.