With 1 in 5 men and women divorcing and 44.4% of children being born outside of marriage it is hardly surprising that the “traditional family unit” is being stretched to breaking point.
A breakdown in a relationship is a very stressful time for all involved but particularly for a step-parent, adoptive parent or even, an unmarried partner who may worry if the law will protect their rights as a parent.
The Court will generally only become involved if negotiations between the parties prove unsuccessful. At Wellers Law Group LLP, we pride ourselves in having members of Resolution who aim to resolve all matters in an amicable and non confrontational way as well as a trained collaborative lawyer. This enables parties to meet in 4-way meetings with their estranged partner and their lawyers in order to achieve a reasonable and workable outcome.
When trying to resolve any issues relating to a child, consideration must be given to the child’s wishes and feelings, their emotional and physical needs, what effect any change in circumstance will have on them, their age, sex, background and characteristics, whether they have suffered or could be at risk of suffering abuse or harm and how capable their parents are at meeting their child’s needs.
If negotiations are not successful, an application to the Court to make an Order under the Children Act 1989 may be necessary. Under this Act, the Court can make an Order for Residence (often referred to as “custody”), contact (also referred to as “access”) and also specific issues such as schooling and or medical treatment.
The Court can also grant another person parental responsibility of a child in certain circumstances.
Not everyone can apply to the Court using the Children Act for such Orders directly and in some instances, such as a grandparent wishing to apply for contact/access or residence/custody or for parental responsibility; permission to make such an application must be sought first.
The Court does however recognise step-parents and unmarried partners as having the automatic right to apply to the Court for an Order for Residence/custody, Contact/access or even parental responsibility, should they need to as long as, in the case of an unmarried partner, the child has lived with them for a period of at least 3 years.
Contact us for further advice
If you are a step-parent, adoptive parent or an unmarried partner who may worry if the law will protect your rights as a parent or if you have any other matter relating to a relationship breakdown, including divorce, separation, children or finances, please contact our family law team on 0208 464 4242 or email familylaw@wellerslawgroup.com. We will be happy to assist in any way we can in a professional yet friendly manner.
Wellers Law Group LLP in Bromley, Kent - areas covered - Beckenham,Chislehurst,Croydon,Crystal Palace,Hayes,Kent,Keston,Orpington,Penge,Petts Wood,Sidcup,Kent,Tunbridge Wells,Sevenoaks
Cooke Matheson Solicitors in Gray's Inn, London(part of the Wellers Law Group LLP) - areas covered - London - City, Westminster, Gray's Inn, Chelsea, Fulham, Wimbledon, Surrey
