If you are a father and you are going through a divorce, you are likely to be concerned about the rights you have to see your child. You may be relieved to hear that as a father you have equal rights to your child’s custody as their mother. Read on to discover more about a father’s rights to see his child and how your chance can be improved with the help of a Family Law Solicitor.
The Different Types Of Custody
You and your child’s other parent will need to consider where your child will live, formerly referred to as full custody or shared custody, but now usually set out in a child arrangements order or parenting plan.
If your child will be living with you, formerly referred to as full custody, you will be responsible for all
of your child’s day to day care. If your child will be living between two homes, formerly referred to as
shared custody, you will usually arrange set days for them to spend with you.
A court will only make an order prohibiting someone from seeing their child, formerly referred to as
no custody, where it is in the child’s best interests.
For more information in respect of residence and arrangements, see our article on divorce and
Solving Disputes Over Custody
The courts prefer parents to come to an amicable agreement between themselves wherever possible and will only intervene as a last resort.
The first step is often to speak to an expert family law solicitor who will be able to discuss your options with you and enter into negotiations on your behalf with the solicitor for your child’s other parent.
If you are not able to agree on where and when your child will spend time, the next step is to consider mediation. This is usually a legal requirement before you can ask the court to make a ruling, except in cases of domestic abuse.
Mediation can be a good way of deciding issues relating to children as the mediator will help you and your former partner work together in the best interests of your child. This is important for the future as you will ideally need to continue to cooperate.
For more information, see our Mediation services page.
If one of you is not prepared to go through mediation after attending an initial mediation meeting or if mediation breaks down without a resolution, then an application for a child arrangements order can be made to the court.
Parental Responsibility
Parental responsibility refers to the legal rights and duties a parent has in respect of their child. All birth mothers automatically have parental responsibility as well as fathers who are married to the mother at the time of the birth and unmarried fathers who are named on the birth certificate. Other parties such as same-sex parents and step-parents may also be given parental responsibility if they have a caring role in a child’s life.
Everyone with parental responsibility should be consulted over major decisions such as where a child will live, which school they will go to and consent to medical treatment.
For more information about the rights and responsibilities involved, see our Parental Responsibility Guide.
Child Custody: Mothers’ Rights Versus Fathers’ Rights
Mothers and fathers have equal custody rights. In practice, the main day-to-day carer for a child is often the mother as it is often the mother who has had the main day-to-day care up until the separation and the court will often favour the status quo.
If the court is asked to decide, it will take this into account and will always prioritise the best needs of the child. A father will only ever be prevented from seeing their child where the court has welfare or safety concerns.
Applying For A Child Arrangements Order
If you need to ask the court to make a child arrangements order, the Children and Family Court
Advisory and Support Service (Cafcass) will generally be asked to prepare a report to help the court
decide on the best arrangements for your child.
The court can ask Cafcass to look at certain areas of concern and a Family Court Adviser will also
work with both you and your child’s other parent to try and reach an agreement without the need
for further court hearings.
The court will also take into account the following:
- The child’s thoughts and wishes, alongside their age and ability to understand
- Their physical, emotional and educational needs
- The effect of a change in circumstances
- The child’s age, sex, background and any other relevant characteristics
- Any risk of harm
- The ability of the child’s parents to meet their needs.
For more information, see our article How can a father get custody of his child after divorce.
A Stepfather’s Right To See A Child After Divorce
A stepfather is not automatically entitled to see a stepchild after divorce, however where a stepfather has been involved in a child’s life, they could be given some contact under a child arrangements agreement.
How To Enforce The Right To See Your Child As A Father
If you are going through a divorce and separation and as a father you want to ensure that you have a right to see your child, you are advised to speak to a family law solicitor. Even if you can agree on an amicable arrangement in respect of your child, a solicitor will be able to make sure that this is put into a child arrangements order and sealed by the court. This will make the agreement legally binding, which will mean that you can rely on it and take steps to enforce it if necessary. It will also reduce the risk of a misunderstanding or disagreement arising in the future.
At Witan Solicitors, we represent fathers who wish to maintain contact with their children and have an active and ongoing presence in their lives. For more information in respect of our services, see Child Arrangements orders.
Contact Our Divorce Solicitors
At Witan Solicitors, our family team represents fathers during all aspects of divorce and separation. We can advise you of your options and work on your behalf to negotiate child arrangements.
If you would like to speak to one of our expert family solicitors, ring us on 0300 303 2071, email us at info@witansolicitors.co.uk or fill in our contact form and we will be happy to discuss your situation and represent you to achieve the best outcome for you and your child.
Please note that we have offices in Birmingham, Northampton and London.
