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Family Law Paralegal Jennifer Nash on the Kardashian and Humphries Divorce

Amid an increasing number of reports concerning Kim Kardashian's divorce from Kris Humphries, it is clear that this acrimonious dispute will continue to draw headlines in the media. As reported on E! Online, both parties' legal teams are preparing for battle. Reportedly a star line up of witnesses set to give evidence at the upcoming trial include Will.i.am, Kris Jenner, producers of Keeping up with the Kardashians, and the estranged couple’s wedding planner.

In an attempt to bring forward the trial date, it has been reportedly put forward by Kim’s lawyer that Kris "cannot continue to hold the Court and [Kardashian] hostage through his own lack of diligence in preparing his case for trial." Unfortunately for Kim, currently pregnant with Kanye West's baby, her attempts to bring forward the trial have been denied, as reported by E! Online. Therefore, it is looking increasingly likely that Kim will remain married to Kris at the time of the birth of her Child.

So, where does this leave Kanye and his rights towards the child?

Surprisingly, similar situations are not uncommon in the UK. However, a couple lacking celebrity status is unlikely to attract much media attention.

When dealing with similar circumstances in the jurisdiction of England & Wales, putting aside their difficult circumstances, the parents need to consider what is termed their Parental Responsibility. This encompasses the rights, duties, powers and responsibilities a parent has for a child; including, education, medical treatment, and religion, amongst others.

A mother, having given birth to a child, will automatically have Parental Responsibility. A father, however, will have Parental Responsibility if he is named on the birth certificate (applicable to children born after December 2003) or is married to the mother at the time of the birth. This may also be granted by the court in certain circumstances.

Therefore, if we were dealing with a similar situation in England & Wales, so long as the father had Parental Responsibility, he would enjoy the same rights and responsibilities as the mother, even if the mother was married to another man.

For advice about Parental Responsibility please email us: enquiries@slatergordon.co.uk or call us on 0800 916 9055.

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Parental Responsibility

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