Do you know your legal rights as a divorced parent?

Parental responsibility

Defined under the Children Act 1989, the term parental responsibility refers to the legal rights and obligations that parents have concerning their child’s upbringing and welfare.

Our research revealed that women have a lower understanding of their legal rights as a parent than men and yet, every mother has parental responsibility from birth, whereas with men, it is not automatic. A father usually has parental responsibility if he is married to the child’s mother or listed on the birth certificate. This means to legally have a say in the upbringing of his child, a father who is not married to the mother, and is not listed on the birth certificate must obtain it through a parental responsibility agreement or court order.

Parental responsibility is not just reserved for biological parents. Adoptive parents of children automatically receive parental responsibility upon date of adoption, and in some circumstances, parental responsibility can be obtained by other relatives such as grandparents. Our research revealed there could be a greater understanding of parental rights amongst grandparents as the date showed those aged 55+ feel most informed, while younger parents are less confident.

Parental rights after a divorce

Following a divorce, both parents normally retain parental responsibility, and they both have the right to make important decisions about their child's life regardless of who the child lives with. These important decisions can include:

• where the child goes to school,
• medical care decisions,
• religion,
• taking the child abroad.

Both parents must typically agree on major decisions concerning the child, however if both parents cannot agree on significant decisions, a court may deliver a specific issue order to resolve the disagreement and provide clarity on how to move forward. Any decisions made by the court will always aim to put forward the best interests of the child.

It is important to note that even if the child does not live with you, you still have a right to be involved in these important decisions as you retain parental responsibility and parental obligations. As part of your parental responsibility, you are also required to provide financially.

Parental obligations after divorce

Even after a divorce, parents are legally obligated to support their child or children financially. This means providing for living costs such as food and clothes, as well as education, no matter where the child primarily resides.

The financial support a parent provides is referred to as child maintenance, which is a financial agreement between you and the other parent of your child, and you must legally have one if:

• you have separated from the other parent or were never in a relationship with them,

And

• if the child is under 16 (this can be up to 20 if the child is in approved education or training).

The amount of child maintenance you pay will depend on your level of income, with a ‘Flat Rate’ for low incomes, a ‘Basic Rate’ for most working parents, and a ‘Basic Plus Rate’ for higher earners. You can find a government calculator here to calculate how much you could pay/receive in child maintenance.

It is important to note that regardless of if you have parental responsibility or not, you are legally obligated to provide financially for your children. This obligation is based on biology and as such, fathers who are not named on the birth certificate are still financially obligated to provide if he is assessed as liable to do so by the Child Maintenance Service. If there are questions and disputes about paternity, the Child Maintenance Service can ask for DNA testing and the court can order relationship testing.

How can Slater and Gordon help?

Our dedicated family law experts are here to support you for all of your legal needs. We have expertise across all aspects of family law including:

• divorce,
• child custody,
• Child maintenance, and more.

Start your journey today and contact us for an initial consultation. In this consultation our leading experts in family law can offer advice specific to your situation and offer guidance on what to do next.

Call us today on 0330 041 5869 or reach out online here.