Both parents automatically acquire parental responsibility for a child if they were married at the time of the child’s birth. This means that each parent is legally recognised as having the rights and duties to make important decisions related to a child’s upbringing and welfare – to include educational choices, medical treatment, any change of the child’s name and removal of a child out of the jurisdiction.

If the child’s parents were not married when the child was born, the mother automatically has parental responsibility. The father has parental responsibility as of right if he is named on the birth certificate of the child (after 1st December 2003). Unmarried fathers not on the birth certificate can only acquire parental responsibility through a formal agreement with the mother, by marrying the mother or by applying to the court for a parental responsibility order.

A step-parent (who is married to one of the parents or is the civil partner of one of the parents) can acquire parental responsibility with the agreement of all those holding parental responsibility or by a court order.

Parental responsibility can only be removed in limited circumstances. The court will only do so in exceptional cases, typically where a parent poses a significant risk to a child’s safety or wellbeing. If a parent has other concerns about a child’s welfare, there are alternative legal remedies available. These include applying for a child arrangements order, a specific issue order, or a prohibited steps order.

A parenting agreement is a voluntary, written agreement between parents (and can include grandparents and other family members) setting out how they intend to parent their children. It usually covers where the child will live, the arrangements for spending time with the other parent, school arrangements, issues around their health and how parents will reach decisions. It can also consider communication methods (such as the use of Our Family Wizard).

Parenting agreements are encouraged because they can provide consistency and known routines for a child and limits conflict. A parenting agreement can be drawn up between parents themselves or with the assistance of a mediator or solicitors.

A parenting agreement is not automatically legally binding. However, there is the option of formalising the agreement at a later stage through a Consent Order if necessary.

A Child Arrangements Order is a court order that sets out where a child will live and how much time they will spend with each parent. There are two main types of order that can be made:

(i) Lives With Order: specifies who the child will live with on a day-to-day basis, which could be one parent or both parents in a shared care arrangement.

(ii) Spends time with Order: provides when a child will have contact with the non-resident parent. This order ensures the ongoing relationship between a child and important family members following parental separation.

A father who does not have Parental Responsibility will automatically be granted Parental Responsibility if he is granted a Child Arrangements Order specifying that the child is to live with him. Furthermore, where a Child Arrangements Order sets out with whom a child should live, that person will be permitted to take him or her outside the country for up to a month without the other parent’s consent.

Alternatively, if a father who does not have Parental Responsibility obtains a Child Arrangements Order stating that the child is to spend time with or otherwise have contact with him (rather than to live with him), the Court must, when granting the order, decide whether it is appropriate to give the father Parental Responsibility. If the Court decides that it is appropriate, it must grant a Parental Responsibility Order in his favour.

The weight given to a child’s views will vary depending on their age and level of maturity, with greater significance typically being attached to the views of older children. The involvement of an independent professional such as Cafcass, an independent social worker or child therapist can be helpful in establishing the child’s genuine wishes and feelings, and in ensuring they are not placed in a conflicted position between parents.

If parents can reach an agreement about child arrangements though direct discussion, solicitor negotiation, mediation or Early Neutral Evaluation, court involvement is not required. Even if proceedings have already begun, they can be discontinued at any point if a mutual agreement is reached. However, where agreement cannot be achieved, the court will step in and decide the arrangements in the best interests of a child.

When determining arrangements for a child, the court’s primary focus is the child’s welfare. In doing so, it will consider a range of factors, including the child’s wishes and feelings (taking into account their age and maturity), their individual needs, the likely effect on the child of any changes in their circumstances, any harm the child has suffered, and each parent’s ability to meet those needs.

When the Family Court is asked to make any kind of order about a child’s life under the Children Act 1989, it must ask whether an order is needed. The No Order principle specifies that a court will not make an order unless it can be shown that it would be in the child’s best interests to do so.

Shared care describes a type of Child Arrangements Order which provides that a child lives with both parents for specified periods of time. Shared care does not require a strictly equal (50:50) division of time. Arrangements can be flexible and focused on a child’s needs. A shared care arrangement often reinforces to the parents that they are of equal importance to their child, even if the division of time isn’t strictly equal, and can also be important for a child’s sense of identity.

If two or more people share parental responsibility for the child and there are no court orders in place, then the consent of everyone with parental responsibility is needed before your child can travel abroad. If you do take or send your child abroad without consent (even if advertent) you could be committing a criminal offence which can have serious repercussions.

If you believe the child’s other parent may be planning to take a child abroad without your consent and you do not agree to this trip, you should seek immediate advice from a family solicitor. You may be advised to apply to the court for a ‘Prohibited Steps Order’ forbidding the removal of the child.

If there is a Child Arrangements Order stating that the child “lives with” a parent, then they can take the child abroad for a month without the written consent of the other parent.

If there are allegations of abuse or violence, either by one parent towards the other or by one of the parents towards the child, the Court may be asked to decide whether contact should be supervised.

The Court may ask an officer from the Children and Family Court Advisory Support Service (Cafcass) to meet with the child and both parents and to assess the situation and provide a report.

Other experts may be asked by the Court to provide reports, depending on the complexity of the issues involved and the nature of any allegations made. Again, the Court’s paramount consideration is the welfare of the child. This is known as the welfare principle, or the paramountcy principle. It means the court needs to determine what is in the child’s best interests when it makes decisions (see section 1 (1) of the Children Act 1989.

In some cases, the court will request a report and recommendations from Cafcass, a local authority social worker if involved with the family or an independent social worker (ISW). This is called a s7 report. The report will include a profile of the child(ren), the parents and any other adults involved in the proceedings and provide an analysis of the issues, proposed child arrangements, support and available orders.

A s7 report plays a critical role in the court’s decision make process. It helps the court understand family relationships and dynamics, assess any safeguarding concerns or risks, evaluate a child’s wishes and feelings in the context of their welfare needs and determine arrangements that are in the best interests of the child.

Yes. If you disagree with the contents of a Section 7 report, you can raise your concerns in writing or at the next court hearing.

The question of whether to accept or reject a recommendation of Cafcass or the opinion of any other expert is a matter of judicial discretion which must always be exercised properly; the court may reject the conclusions of a s7 report where it believes the report to be unbalanced, but it must express in its Judgment the reasoning behind this decision.

Fact-Finding hearings in Children Act proceedings are court hearings that aim of establish the truth of disputed allegations relevant to a child’s welfare. These hearings are particularly important in cases involving allegations of domestic abuse, neglect or risk of harm towards a party of the child. The court’s findings from these hearings provide a factual foundation to assist in determining how future arrangements for the child should be managed.

In these hearings, the court must determine whether the alleged incident took place. The evidence in these cases is judged “on the balance of probabilities” meaning the court will determine if it is more likely that not that the alleged incident took place. This is a lower threshold than in criminal proceedings, where the burden of proof is “beyond all reasonable doubt.”

Fact find hearings are not automatically directed. Practice Direction 12J of the Family Procedure Rules 2010 contains detailed guidance on determining whether it is necessary to conduct a fact-finding hearing with respect to allegations of domestic abuse.

The Practice Direction has been tested and clarified in two noteworthy cases - H-N (2021) EWCA Civ 448 and K and K (2022 EWCA Civ 468) which came before the Court of Appeal on 2 March 2022. This case provides guidance on the necessity of fact-finding hearings in private family law proceedings when allegations of domestic about are raised. The court emphasised that a fact-finding hearing should only be conducted if the alleged abuse is relevant to the court’s decision regarding the children’s welfare. The case also highlighted the importance of considering non-court dispute resolution options at every stage of proceedings.

Early, strategic preparation is key. If an application for a child arrangements order is made (or is about to be made) it is helpful to establish at the outset whether there are allegations of abuse and whether these are relevant to making welfare decisions for any child/ children.

• If abuse is alleged, a C1A form should be completed. This can accompany the applicant’s application for a child arrangements order in C100, or it can accompany the respondent’s acknowledgement in response. This document is critical in the court’s decision making when deciding how the case should be case managed.
• It is also essential to carefully articulate your concerns to the Child and Family Court Advisory and Support Service (Cafcass). Cafcass will speak to both parents in disputes concerning children and their role is to advise the court about any safeguarding risks raised.
• Collating evidence is important. Gather documents, photographs, example communications (emails/ WhatsApp). This will be helpful when preparing narrative witness evidence and/or a Scott schedule documenting each allegation you intend to raise.

There is no legal principle that one parent is preferred over the other. The Children Act treats both parents as having equal parental responsibility. In practice, the court focuses on the best interests of the child and does not discriminate because of gender bias. Judges start with the assumption that both parents are equally capable of raising children of any age and that children have a right to maintain a relationship with both parents, unless there is strong evidence to suggest otherwise.

With more modern families consisting of two working parents, there is now a growing trend towards ‘shared care’ arrangements.

If you wish to move to another part of England and Wales, you need to secure the agreement of anyone with parental responsibility. If the move is not agreed, then you will need the permission of the court.

Direct contact involves face-to-face time between the child and the named person, including overnight stays, weekend visits, holiday periods, and special occasions such as birthdays and religious celebrations.

When direct contact proves inappropriate or requires gradual introduction, indirect contact maintains the relationship through telephone calls, video calls, letters, cards, and email communication.

In cases where welfare concerns exist, the court may order supervised contact at designated contact centres or with approved third parties, such as with independent social workers present.

In addition to “lives with” and “spends time with” orders, parents may apply under the Children Act 1989 for the Court to decide any specific issue about the child – called a Specific Issue Order (SIO). Such order typically deals with issues such as whether the child should undergo specific medical treatment or which school they should attend.

in relation to the child - called a Prohibited Steps Order. These orders can forbid the other parent from removing the child from his or her home or school or from the jurisdiction without consent.

Grandparents do not have an automatic right to spend time with their grandchildren.

Grandparents can however apply for a child arrangements order to formalise the time they have with their grandchildren after parental separation. Such applications are often considered favourably on the basis that it is in the children’s best interests to maintain links and continue to spend time with relatives with whom they have formed close bonds.

Families often consider ways to provide a step-parent with legal status. Without a court order or formal agreement, the law treats a step-parent the same as an unmarried partner.

Many parents develop close relationship with their step-children and are pivotal to their upbringing. Despite this, step-parents’ rights are limited and they are unable to make legal decisions about the child’s upbringing, education, health or general welfare.

Adoption is often the first consideration. However, this can be complicated, in that such orders sever all legal ties with at least one side of the children’s family. Other options, including a Parental Responsibility Agreement or applying to the court for a Parenting Responsibility Order should also be considered.

If a couple separates, the step-parent does not have automatic legal rights to see or spend time with their step-child.

To maintain a relationship, the step-parent can apply for a Child Arrangements Order, which can name them as someone the child lives with or spends time with. They can apply without the court’s permission if they still meet certain criteria:

• They must still be married to the child’s parent, or
• They must have lived with the child for at least three years, ending within three months of the application, or
• They already hold Parental Responsibility, or
• They have consent from everyone who holds Parental Responsibility.

If none of these apply, they must seek the court’s permission to proceed.

When making a decision, the court prioritises the child’s welfare. The court also considers the child’s wishes and feelings, where appropriate. If the court names the step-parent as the person the child lives with, the step-parent gains Parental Responsibility automatically. In other cases, the court may decide to grant Parental Responsibility, but it is not automatic.