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Rather than considering the 'rights' of parents, children law talks of 'parental responsibility' for a child. If a child's parents were married when the child was born, both will have parental responsibility for the child. A father, who was not married to the child's mother when the child was born, will not automatically have parental responsibility but can acquire it by agreement with the child's mother or by applying to a court. From 1st December 2003 a father who is not married to the child's mother will acquire parental responsibility if he jointly registers the child's birth.
The Children Act 1989 is the main piece of legislation dealing with disputes about children. What used to be called 'custody' and 'access' are now known as 'residence' and 'contact'. The Children Act says that the child's welfare is the paramount consideration when the courts consider any question in relation to the upbringing of a child. When the Court make its decision it will apply what is known as the 'welfare checklist'
The Children Act 1989 is the main piece of legislation dealing with disputes about children. What used to be called 'custody' and 'access' are now known as 'residence' and 'contact'. The Children Act says that the child's welfare is the paramount consideration when the courts consider any question in relation to the upbringing of a child. When the Court make its decision it will apply what is known as the 'welfare checklist'
Questions and answers:
| Q.How do I get custody of my children? | |
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| Q. I am being refused contact with my children. What can I do? | |
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| Q.My ex-husband has not maintained contact or paid maintenance for our 3-year-old daughter since the age of 4 months and has now declared his wish to relinquish all parental responsibility to me. Please can you tell me whether this is possible and how I would go about doing this? He is prepared to sign any paperwork to this effect. | |
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| Q.I have been divorced from my wife for 3 years. I now wish to apply for sole custody of my two school age children, as my ex-wife is an unfit mother. For financial reasons, I am keen to do as much of the preparatory work for my case myself. I would be grateful if you could advise me of the steps. | |
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