What are my rights as a parent?

3 years ago

Something I get asked often is what happens if my child doesn’t want to see their mum or dad anymore?

They tell us when the child or children returned from contact mum or dad that either parent has said nasty things about the other parent or simply that they don’t want to see the other parent again.

The most common question that follows is `What are my rights as a parent?‘

The answer is simple you don’t have any rights as a parent to have a relationship with your child.

Your child has a right to a relationship with both parents. There are however ways in which the court will seek to obtain the child or children views in an age appropriate and child friendly way (it’s one of seven criteria listed in the Welfare Checklist).

The biggest way the court will ensure that the children are included in the process is by way of certain reports the most common being a Section 7 report. This is where a CAFCASS officer (or social worker if Child Services are involved) will speak to the children alone and to the parents.

The purpose of the report is to ascertain the children’s wishes and feelings in the situation and then they will write a report with recommendations on what orders, if any, should be made.

There is sometimes somebody appointed called a guardian.

This is where a child is made separate party to proceedings and is represented by an solicitor acting on the guardians’ instructions. Some judges may appoint a guardian on their own or CAFCASS can request this or either of the parties.

It is rare that a child would be given opportunity to give evidence in a hearing. There is no automatic right for them to stand up in court especially in normal everyday circumstances. Instead, the Section 7 or other ordered reports or appointment of a guardian in extreme cases is used to ascertain the wishes and feelings of the child.

Often, if a child expresses that they don’t wish to see one of their parents, it is down to them feeling guilty about showing love to the other parent for fear they are going to upset the other party. If this is the case as parents, we should discourage this behavior.

A child has a right to be loved by both parents and have relationship with both parents.

So the answer to the question `What rights do we have as parents?’

The answer is none. As parents, we do not have a right to a relationship with our children but children do have a right to relationship with both parents where it is safe to do so.