Divorce & separation a sad yet frequent event that many well-settled families encounter as a consequence of an unfruitful marriage. It is neither good nor bad; it has many adverse effects on the couple’s finances, family life and future dreams, but it is often a necessary resolution for a gloomy partnership. Almost most of the time, the adults in the relationship can come to terms with the separation and collectively agree on the exit plan. This is, however, different for the children. It is often hard to understand and know what is best for the children at hand and which parent will be the better career.
Most child agreements are made out of court, but in some cases, the parents are not able to come to an agreement outside of the court; the court will eventually have to decide based on the circumstances of each case. It is important to understand the two most common terms when it comes to the entitlement of the children after divorce or separation. Custody, which is now also referred to as residence, refers to the person who makes the decisions for the child in terms of schooling, healthcare and so on. And contact refers to the time the noncustodial parent is allowed to have with the child and is often referred to as a visitation term.
According to UK law, the parents are equally responsible for the children. However, in unmarried couples, unless the unmarried fathers acquire responsibility by registering as the father, the mother has full parental responsibility. Many fathers often ask the question, how much access is a father entitled to? Well, there are, in fact, several ways in which an unmarried father can total responsibility, such as being appointed a guardian by the mother or registering as the father on the child’s birth certificate.
UK law (Children Act 1989) is defined to ensure that parents provide all the support necessary for the child. The parents must cater to the needs of the child in every aspect of their life in order for the child to thrive and achieve their full potential in life. The point at issue here is how much of this is respective to the father. How much contact is required from the father in order for the child to have full paternal support? There is no set rule or guideline for this matter as each case is unique and dependent on the circumstances. Some might feel that the father should contact the child every day, whereas others feel that a once in a week visit is sufficient.
This topic is often a point of disagreement between a divorced or separated couple. The father can apply to the court if he feels that he did not acquire the parental responsibility that he feels is necessary. The court will then decide based on several factors, such as the state of the relationship with the child and the degree of commitment.
The father, if he does not gain custody after the separation, will always have visitation rights. It is also the child’s right to have both parents’ presence in their life. The visitation rights permit the father to have free time with the child without the other parent’s control and without interference as long as the father adheres to the specified agreed time he has with the child. In some situations, even residency responsibilities are shared between the two separated partners, where the child alternates home on a weekly basis, for example.
Bearing in mind that children are our future and hope for a better tomorrow, it is important that they flourish during their childhood. Parental relationship issues should not hinder the welfare of the children, and this is why UK law strongly favours the child’s needs above the parent’s desires. The court carefully assesses each case depending on the circumstances at hand and is not biased to either parent. In recent years, the role of the father is proven to be extremely vital in the psychological growth and stability of the child. Recent studies have proven that children have better health and fewer self-esteem problems when maintaining close bonds with both parents.
To know more about the all-important topic of child custody to discuss a family law related matter of your choice, contact a team of top family lawyers in London for expert advice.
