I am a father, do I have a right to see my child?

Under English law neither parent has a legal right to see their child even if you are named on the birth certificate. However, each parent has responsibilities towards their child. It is in fact the child that has the right to a relationship with both parents. Such arrangements will very likely include contact arrangements if there are no child protection or welfare concerns and if an application to court for a child arrangement order is pursued a court will seek for there to be arrangements. If you are a parent and seek for arrangements to see your child you should seek legal advice from our expert children solicitors to consider your legal options.

Do I have parental responsibility for my child?

If you are a mother, you will automatically have parental responsibility. If you are a married father, you will also have parental responsibility. Unmarried fathers registered on birth certificates of children born from 1 December 2003 will also have parental responsibility. In all other circumstances you will not have parental responsibility unless there is a parental responsibility order, parental responsibility agreement or a child arrangement order for the child to live with you (also known as a residence order.

What is parental responsibility?

Parental responsibility includes all rights and obligations a parent has towards the children. If you have parental responsibility you will be entitled to be consulted and for your consent to be obtained when any major decisions regarding the children's upbringing is being made, for example health decisions, schools and education, religion and travel abroad.

I am a grandparent. Do I have a right to see my grandchild?

Grandparents, unfortunately, have no automatic rights to see their grandchild. However, the child has a right to a relationship with their family and if the parents refuse for a grandparent to have contact with a child, the grandparent can pursue the legal process - including mediation, to have formal arrangements in place. If you are a grandparent and seek for arrangements to see your grandchild you should seek legal advice from our expert children solicitors to consider your options.

I am having a disagreement with my ex-partner about our child. Do I need to apply to the court straight away?

Not at all. There are a lot of methods for dealing with matters outside of court and court proceedings really should be considered a last resort. Each case is different but generally if you and your partner have tried to reach agreement but can’t, then you may need to consider options such as Mediation; Arbitration or Collaborative Law. Each option has its good points and its drawbacks but they are also all a lot quicker than court and may be a better solution for you and your family then court proceedings.

I have concerns about the other parent. What can I do?

Good question. When considering these issues, the options vary depending on the concerns. If they are concerns about the other parent’s parenting style or general disagreements about how your child should be raised, then when applying to the court you should also complete a supplemental form which will allow you to outline the concerns that you have. This will be considered by the court and Cafcass when they receive the paperwork and allow them to consider how best to allocate and deal with your case. If however the matter is very urgent, such as a credible threat to remove a child from the UK, then you will need to make this clear in the court forms and seek an urgent hearing from the court.

I’ve heard of a Special Guardianship Order. What is that and how do I apply?

A Special Guardianship Order (SGO) is a court order that gives ‘enhanced’ parental responsibility to someone who is caring for a child who does not otherwise have parental responsibility. So if you are a parent, you can not apply for this order. If however you are someone who has been looking after a child, either because Children’s Services or even the child’s parents have asked you to do so, then you may be able to apply for this order. It will give you parental responsibility and allow you to make decisions for that child as necessary.

Will I see my children after the first hearing?

Sadly, not always. The court process can be very lengthy and the courts are by nature quite cautious. They will consider a range of factors (called the ‘Welfare Checklist’) when deciding on any issues and will always have the children’s best interests in mind. This does mean in some cases, where there has been a lengthy gap in you seeing your children, that the court will want to first reestablish that relationship by way of letters or video calls before directing something more involved such as face to face contact or overnight stays.

Is Legal Aid available for a Special Guardianship Order?

Yes! You will still need to satisfy the general Legal Aid requirements regarding your income or capital as well as have the required evidence regarding either domestic abuse or child abuse but Legal Aid is available for an SGO. Speak to a solicitor to find out if you are eligible or not.

All other methods haven’t been successful, how do I apply to court?

There are two main ways of doing this. One is to head to the Ministry of Justice website and find the C100 form. You can either print this off and complete it or you can fill it in online and then print it. Alternatively, you are also able to apply online and there is a shortened form for this. Please remember however that you whichever method you choose, you will need to satisfy the court that mediation has been attempted and has not been successful; that mediation is not appropriate in the case e.g. due to domestic abuse or that because the matter is urgent, there is insufficient time to attempt mediation.

Court forms can be confusing and overwhelming, and you need to ensure that they are completed with the child's best interests in mind. Therefore obtaining legal advice before you apply to court is always helpful.

We are not in agreement over arrangements for our child, what can I do?

We will offer advice about how you can promote or propose arrangements so that your child can continue to have a relationship with both of you.

If you have concerns about the other parent having arrangements, then we can discuss and give advice on the options such as supervised or supported arrangements.

Who are CAFCASS and why are they involved in my matter?

Children and Family Court Advisory Support Services (CAFCASS) are allocated to cases involving a parental dispute that have reached the court.

Their role is to look after the interests of children involved in family court proceedings. Initially, this will involve undertaking background checks on the person applying to court, as well as the other parties and the children. They will also undertake a telephone interview with the parties before the first hearing in order to prepare a safeguarding letter for the court which will outline recommendations about the application.

After the initial hearing, the court can ask CAFCASS to undertake further detailed assessments to provide a final recommendation that the court can use when making a decision regarding the applicaiton.

The other parent does not contribute financially towards the child, what can I do?

Anyone with parental responsibility for a child has a duty to provide financially.

For separated parents, this usually means that the parent who the child is not living with the should contribute financially to the child's care and upbringing.

The Child Maintenance Service usually deals with child maintenance.

If you are the main carer of a child, you can make an application to the Child Maintenance Service to require a parent who does not live with the child to pay regular maintenance.

As a starting point, maintenance is calculated based on the non-resident parent's gross taxable income and the amount of overnight stays the child has with the non-resident parent.