It is becoming increasingly common for fathers to have to take a DNA test to prove they are (or are not) the biological father. This often happens during maintenance disputes, but what happens whilst this is getting resolved. Can you deny child access until a DNA test is completed? Parental Responsibility In England and Wales, […]
At what age can a child decide who to live with?
When a child reaches 16 they are legally able to decide where they wish to live, unless there is a Residence Order or Child Arrangement Order that specifies living arrangement up to 18. However, a child does not need to be over 16 to have an influence on where they would like to live. Who […]
What is Parental Responsibility?
When a relationship involving children breaks down, most parents will immediately think about how this will affect their children; where will they live, who will be the main carer and how will they maintain contact with both parents. How this is decided depends largely on who has Parental Responsibility. What is Parental Responsibility? In England […]
Can I take my child on holiday without my ex’s permission?
We always advice that at the beginning of the school year you sit down with your ex and discuss holidays; who will be taking your child on holiday, when and where. It is always better to try and come to an amicable arrangement, but this is not always possible. Therefore, we are often asked ‘can […]
What is an emergency custody order?
An emergency custody order or Emergency Protection Order, as it is officially known, is a temporary order granting limited Parental Responsibility to whoever applied for the order, or the right to remove a child from where they are. Courts do not grant Emergency Protection Orders easily, they generally prefer children to maintain contact with both […]
Can I get joint custody if we are not married?
More often than ever we are being asked by fathers “can I get joint custody if we are not married?” For the first time ever, more unmarried couples with children are breaking up than married couples with children. Married fathers feel more confident in achieving joint custody than unmarried fathers. However, the truth is unmarried […]
Can my ex stop me from seeing my children?
One of the most common questions we are asked is; ‘can my ex stop me from seeing my children?’ In short, your ex cannot legally stop you from having access to your children, unless a court has decided it will be of detriment to your child’s welfare. However, it is important to understand the law […]
How long does it take to get child custody?
The time it takes to resolve child custody matters depends entirely on your circumstances. Applications to the Family Court follow a standard procedure; however this can be adapted to suit the needs of your case. In any event, you should not expect your case to be resolved immediately. Sometimes, cases can go on for a […]
How do fathers get Parental Responsibility
Parental Responsibility is a legal term which means you have the right to make decisions on behalf of your children including; where they live, where they go to school and what medical treatment they receive. Only mothers have automatic Parental Responsibility, so how do fathers get Parental Responsibility? Birth fathers Birth fathers can gain Parental […]
Child custody for unmarried couples
We are seeing more and more couples having children outside of marriage as the cost of living rises and they are forced to choose between a house and a wedding. This can make things more complicated if you separate, as unmarried couples do not have the same legal rights as married couples. Child custody arrangements […]
