It is a sad reality of life that sometimes a relationship breaks down. Navigating this difficult time can sometimes be harder for same-sex couples. While the legal process is essentially the same as for heterosexual couples in the UK, there can be additional considerations to take into account regarding arrangements for any children.
What is parental responsibility?
Parental responsibility is the term used to refer to the rights, duties and responsibilities that a parent has towards a child. If you have parental responsibility, you have the right to be consulted in key decisions about a child’s upbringing such as education, medical treatment and trips abroad.
Do you have parental responsibility?
Where the parents are married or in a civil partnership at the time the child is born or adopted, both parents will automatically hold parental responsibility if they were married at the time of donor insemination or fertility treatment.
For unmarried couples or those not in a civil partnership, parents can take legal steps to acquire parental responsibility. This could involve jointly applying for parental responsibility if a parental agreement was made, or becoming civil partners and entering into a parental responsibility agreement or jointly registering the birth.
For children born as a result of a surrogacy arrangement, a parental responsibility order can be made as part of the parental order process.
Reaching an agreement
It is important to remember that separation or divorce is a highly stressful and emotional experience for everyone involved. If the process can remain amicable, parents are often able to work collaboratively to make decisions that are in the best interests of their children.
Parents should consider:
- Where will the children live and how much time should they spend with each parent?
- What arrangements should be made for holidays? Will the children alternate Christmas and birthdays and will school holidays be split equally?
- What school will the children attend?
- What religion, if any, should the children be brought up with?
Any agreements reached should be reviewed regularly as the children grow older, with adjustments made as necessary. It is important that both parents approach the situation in an open and constructive way to ensure the arrangements continue to prioritise the children’s welfare.
If parents are struggling to reach an agreement, they may benefit from attending family mediation. A mediator is an independent third party who listens to both parents and helps them find a solution that is flexible and tailored to their specific circumstances. Mediation can also be helpful when existing arrangements need to be reviewed or amended.
If an agreement cannot be reached, either directly between the parents or through mediation, other forms of non-court dispute resolution, like early neutral evaluation or children’s arbitration, should always be considered prior to making an application to the court. While litigation should always be considered the last resort, it can be helpful in cases where the parents cannot agree. The court will make a decision to resolve the dispute and both parties will be bound by that decision unless they jointly agree to vary the court order. The court’s primary focus will be on the children’s wellbeing and needs, rather than the respective wishes of the parents.
How Moore Barlow can help
Our family law team can offer you calm, pragmatic, and constructive advice if you are currently experiencing ongoing challenges with a difficult co-parent. We can support you with how to manage your co-parent and any disagreements you may be having in relation to the children. We understand it can be frustrating and draining. Obtaining early legal advice can help you navigate this challenging relationship and ensure that you have a clear plan in relation to the children for the future.
