The purpose of this blog is to provide some clarity on the words used within Family Law proceedings, which can be easily misunderstood.
We quite often receive new enquiries from parents seeking advice on “visitation rights”, “custody” and “residence”. Within Family Law Proceedings the use of these words is now obsolete. They are no longer used and have not been used for some time.
“Visitation Rights” – When can I see my child? How often should I be seeing my child? Can I see my child? The other parent is not letting me see my child, what can I do about it?
“Custody” – I want custody of my child.
“Residence” – I want residence of my child.
The above terms are now encompassed into one Order made by the Family Court. This is now known as a Child Arrangement Order or a Section 8 Order (This is because Orders a made under Section 8 of the Children Act 1989).
Child Arrangement Orders
A Child Arrangement Order can determine:
- How much time a child spends with the other parent (previously referred to by some as “visitation”)
- How a child may share their time between each parent (previously referred to by some as “custody”)
- That a child may live with both parents and will then specify the time the child spends with each parent within a living arrangement (previously referred to by some as “residence”).
Such Orders can also form part of a court order granting parental rights, ensuring both parents have clarity and structure around their time and responsibilities toward the child.
Parental Responsibility
Under Section 3 of the Children Act 1989, parental responsibility is defined as all the rights, duties, powers, responsibilities and authority that, by law, a parent has in relation to a child and their property. Parental responsibility can be acquired through various means, including a court order granting parental rights.
Aspects of Parental Responsibility include determining:
- The child’s religion.
- The child’s education.
- The name of the child.
- Appointing a guardian for a child.
- Consenting to (or not) medical treatment.
- Consenting to blood testing.
- Consent to (or not) marriage.
- Representing the child in legal proceedings.
- Consenting (or not) to adoption.
- Lawfully correcting the child.
- Arranging the child’s emigration.
- Consenting to the temporary removal of the child from the jurisdiction for holidays or extended stays.
- Protecting and maintaining the child.
- Administering the child’s property.
- Having physical possession of the child.
- Having contact with the child.
- Providing for the burial or cremation of the deceased child.
- Allowing the child to be interviewed.
- Allowing confidential information relating to the child to be published.
The child’s mother will always hold Parental Responsibility for a child. The child’s father will only hold Parental Responsibility for a child if:
- He is married to the mother a the time of the child’s birth or subsequent to that birth.
- If he is named on the child’s Birth Certificate as the father of that child.
- If he has entered into a Parental Responsibility Agreement with the child’s mother (or any other who holds parental responsibility for the child) subsequent to the child’s birth or if it has been ordered by a court.
Establishing parental rights is a key process, particularly for fathers who may not automatically have these rights at birth.
Specific Issue Orders
This type of order often arises when separated parents’ rights conflict or are unclear.
These are orders made by the court giving directions for the purposes of determining a specific question which has arisen, or which may arise in connection with any aspect of parental responsibility for a child. For example, one parent wishes to take the child on holiday and the other parent opposes this. When this arises, the court may need to determine what is in the child’s best interests.
Prohibited Steps Orders
These orders may be necessary when there are reasons to stop child access, such as concerns about safety, neglect or emotional harm.
These types of orders are made by a court to prevent a parenting meeting his or her parental responsibility for a child. The court will order the parent not to do something without the consent of the court. These types of orders are often made quickly and can be made “without notice” to the other parent.
Without Notice Orders/Ex-Parte Orders
Courts will consider Without Notice Orders when there are serious reasons to stop child access, such as concerns about abuse, neglect, or the risk of harm, making it necessary to act quickly in the child’s best interests.
These orders are typically made where there is an immediate risk to the child if action is delayed. The other parent is not usually informed in advance and will instead be “served” with the order after it has been made by the court.
Book an Appointment
Our friendly Family Lawyers are here to provide guidance and advice on any aspect of family law. We offer an initial 30 minute appointment either as a face-to-face office appointment or over the telephone. We also offer a fixed fee initial appointment, which includes a meeting with one of Family Lawyers and a follow-up letter of advice.
Please telephone the office on 01924 332395 to speak with one of our lawyers or to arrange a suitable appointment.
Disclaimer: The content in this blog post is for informational purposes only and should not be seen as formal legal advice. King Street Solicitors is not responsible for any reliance on the information in this post. We do not take responsibility for the content of any external websites linked in the post. Any link to a third-party website should not be seen as an endorsement by King Street Solicitors.