The issue of a father’s rights to spend regular time with his children often makes headlines, and unfortunately, there are stories of fathers being denied access after divorce or separation. I recently represented two fathers who were initially denied contact with their children, but we were able to turn things around so that the children now live with them. Here are my thoughts for fathers in similar situations.
To help a father in his efforts to see his children, it’s important to first understand the legal position. As a father living in the UK, you have a right to be involved in the care of your children. If you cannot reach an agreement with the 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 receive from concerned fathers during the divorce process is: What rights does a father have to see his child?
The law emphasises that parents have responsibilities towards their children and recognises the child’s right to maintain an ongoing, meaningful relationship with both parents, provided it is safe and appropriate.
Both parents share responsibilities to meet the child’s needs—emotionally, physically, psychologically, and financially. It is a joint responsibility to ensure that all aspects of a child’s well-being are addressed, giving them the best opportunity to thrive and reach their potential in life.
Parental responsibility in the UK
The law defines parental responsibility as encompassing “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.” This responsibility grants a parent the authority to make significant decisions in the child’s life, including matters related to:
- Choosing the child’s school
- Health and medical treatment
- Religious upbringing
- Holidays abroad and trips with non-family members
- Naming and changing a child’s name
It also extends to making day-to-day decisions such as the child’s activities, companions, and dietary choices.
Parental Rights and Responsibility for Married Fathers:
In England and Wales, all fathers who are either married to the child’s mother or have their name on the child’s birth certificate automatically have parental responsibility.
Parental Rights and Responsibility for Unmarried Fathers:
If you are not married to the child’s mother or your name is not on the birth certificate, you do not automatically have parental responsibility. However, you can apply to the Courts for parental responsibility or reach an agreement with the mother through a parental responsibility agreement.
Before granting parental responsibility, the court will consider the child’s best interests, assessing factors such as your level of commitment as a father, your relationship with the child, and your reasons for seeking parental responsibility.
A parental responsibility agreement is suitable for:
- An unmarried father not named on the birth certificate
- A father who marries and seeks parental responsibility for a partner’s child.
The father’s rights to access
A father possesses equal rights to maintain contact with and care for his children as a mother. Ideally, separated parents will collaboratively establish a co-parenting arrangement. However, if you aspire to assume a greater role in your children’s care and cannot reach an agreement with your ex-partner, there are steps you can pursue.
In some cases, a carefully crafted letter from a family lawyer outlining your proposals may assist your ex-partner in understanding your perspective. If this approach proves ineffective, mediation presents a viable option. Mediation involves engaging with a neutral third party to openly discuss the situation, allowing each party to present their viewpoints with the aim of achieving a mutually acceptable resolution.
Many separated parents successfully determine living arrangements for their children and visitation schedules through mutual agreement. Unfortunately, reaching an agreement is not always feasible, particularly during the emotional strain of a relationship breakdown. In such instances, it is crucial to understand the legal rights of fathers in the UK.
Child Arrangements Orders
If negotiations fail to yield an agreement, a father can seek relief by applying to the courts for a child arrangement order. This order specifies the child’s primary residence and visitation schedule with the other parent.
It’s not predetermined that children will reside with their mothers while fathers are denied access to their children. There are frequent instances where arrangements undergo significant changes, resulting in children spending more time with their father or even residing with him most of the week. Naturally, such changes occur only if they are deemed to be in the child’s best interests, a determination that must be substantiated.
What are a father’s rights to see his child?
The key answer to this question is that the rights are vested in the child, not solely in the parents. In cases where parents cannot reach a mutual agreement and seek court intervention, it’s important to remember that the courts prioritise the child’s best interests, not necessarily the desires of either parent. Often, fostering a strong, close, and loving relationship between the child and both parents is deemed to be in the child’s best interests, and the court may issue orders to facilitate this.
Therefore, a father’s “right” to see his children is essentially the right to advocate for his children’s access to him, and for the child’s mother to facilitate this access, irrespective of her personal feelings towards him. It is the child’s entitlement to maintain an ongoing relationship with the non-residential parent and to be encouraged by the residential parent to spend time with the other parent.
Reaching a mutual agreement can be challenging, and unfortunately, some cases do necessitate court involvement. In such instances, it’s crucial to seek sound legal advice to prepare and present your case effectively.
