What are a father’s rights in the UK?
Cultural and historical assumptions about fatherhood have a material impact on the attitudes towards, and the experiences of, fathers. By way of example, policies relating to paternity leave and the expectations placed on fathers in the workplace, as well as assumptions made about contact fathers can have with their child/children after a separation. Sadly, for some fathers, the impact of these assumptions does affect their relationship with their child.
Despite what could be classed as a âtraditionalâ, and now outdated, view of fatherhood, the emphasis on providing equality between mothers and fathers in child arrangements is not a new concept, it dates back to the 1920s. While some people may feel that the family court is biased against fathers, and favours mothers where it comes to child arrangements, that is not the case, and in fact, there is a presumption that involvement of both parents in the life of the child will further the child’s welfare.
Where child arrangements are concerned, it is actually the child who has a ârightâ to an ongoing and meaningful relationship with both parents, and not the mother or the father who has the right to spend time with their child. Hence the name of The Children Act 1989.
The Children Act 1989 introduced the concept of parental responsibility, which is automatically given to the person who gave birth to the child. A father has automatic parental responsibility if he:
If neither of the above scenarios apply, a father can apply for a court order to recognise their parental responsibility. Parental responsibility can also be obtained through an agreement with the mother of the child.
Stepfathers can also acquire step parental responsibility, and they will then have the same duties and responsibilities as a natural parent.
If both the mother and the father have parental responsibility, they will both have the same responsibilities and duties towards the child and should be included in any major decisions about the childâs life, such as their name, education, medical care and religion. They are also equally entitled to receive updates regarding the childâs schooling and medical records. This enables parents to make informed decisions together.
Parental responsibility is not something that can be removed lightly. Just because a father is âabsentâ, that does not mean that he will lose parental responsibility. Nor will a father lose parental responsibility if the child does not want to have contact with them, or where the father refuses to have contact with the child, or if child maintenance is not being paid. The only way in which a fatherâs parental responsibility can be removed is through an application to the Court. Such applications are only successful in very, very, limited circumstances.
Where âabsenceâ may have an impact is where a father does not have parental responsibility to start with (for example, he was not married to the mother at the time of the childâs birth and was not named on the birth certificate). Whilst the Court tries to facilitate positive ongoing relationships between the child and both of their parents, it would consider the degree of commitment that a parent seeking parental responsibility or to spend time with a child has made to that child. Where no or little commitment has been shown, the Court may be wary of making an order that provides for a child to spend significant time with a father, simply because it will be worried about the emotional impact on the child if the father continues to fail to commit to them.
Having parental responsibility does not automatically guarantee that a parent can spend time with their child, however, unless there are safeguarding concerns, both parents can spend time with the child. What is likely to be the issue is how much time the child spends with each of their parents. Parents, mothers and fathers alike, must be aware that they will likely not be able to spend the same amount of time with their child as they did before they separated. While some parents get fixated with 50/50 arrangements, and exactly how many nights out of 14 their child will spend with them, it is the quality of time that is more important to the child, rather than quantity of contact.
Contact can be direct and/or indirect. Direct contact is used to describe meeting the child in person; it can be supervised, or unsupervised, and take place in a contact centre, out in the community, at home etc. Indirect contact is any other form of communication such as phone calls, video calls, messages, cards, and letters.
When a children matter is in Court proceedings, the childâs welfare is the Courtâs paramount concern so the Court will always consider what is best for that child, before any other factors, including what the parents want. The Court may make a Child Arrangements Order which will set out:
During Court proceedings, a Judge must consider whether it would be better for the child to not make an Order rather than make one â this is called the âNo Order Principleâ. This provision is intended to discourage unnecessary Orders being made, as well as to encourage parents to come to an amicable agreement without the need for Court intervention.
If there is an existing Child Arrangements Order in place that no longer works due to changes in the familyâs circumstances, there is scope for the Order to be varied if it is in the childâs best interests. However, a Child Arrangements Order cannot be rescinded or varied unilaterally if one parent simply no longer wants to abide by it â this is true for both the mother and the father. Any changes to a Child Arrangements Order must either be agreed between parents or dealt with by the court (but this should very much be a last resort).
There are many dispute resolution options in which parents who disagree about child arrangements can try and reach a resolution without needing to seek the courtâs assistance.
Although, in general, those with parental responsibility will be financial responsible for the child, the law treats parental responsibility and child maintenance separately. It is also not solely fathers who are responsible for child maintenance payments â rather both parents have a financial responsibility towards their child.
Parents can make an arrangement about child maintenance privately between themselves, perhaps using the Child Maintenance Serviceâs free online calculator (CMS), or arriving at another amount they think is suitable.
Child Maintenance Service payments are based on the paying parentâs income, the number of children involved and the amount of time the child spends with each parent to calculate a fair amount.
Aside from the payment of child maintenance, which applies to all parents, there are different provisions that apply to the financial arrangements between married and unmarried parents.
An unmarried parent can make an application under Schedule 1 of the Children Act 1989. This allows for an unmarried parent to make a claim on behalf of their child for financial provision from the other parent. The Court does not have the same powers, in these circumstances, as it has in divorce or dissolution proceedings. Under Schedule 1, a Court can order a lump sum to be paid by one parent to the other, regular payments of child maintenance (in certain circumstances), or for a property to be transferred to held in trust for the benefit of a child until a certain event occurs such as the child reaching the age of 18.
Neither parent has the right to restrict the other from seeing their child unless the welfare of the child is at risk. If you believe that you are being denied contact with your child, seeking early advice can be beneficial. As a firm, we aim to keep matters out of Court where possible and there are a range of amicable dispute resolution options, such as mediation, which our specialists would be happy to discuss during a meeting.
Sophie Reynish is a Paralegal at our Brighton office.