Steven Wade is a family law advisor (McKenzie Friend) with nearly 20 years of experience helping people represent themselves in court. Having been through the system personally and supported thousands of others since, he knows what it’s like to face the stress, confusion, and pressure of doing it alone. This blog shares practical insights that empower you to take control of your case — without the legal jargon or the hefty solicitor’s bill.
A father’s rights to see his child?
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The issue of a `father’s rights’ to access his children is something we hear a lot!
And often the tales we hear are of fathers who are denied access to see their children when parents divorce or separate. Both parents are entitled to a say in the care of their children. If this is something that doesn’t happen for you as a father, there are steps you can take to change this. Of course – this happens to mothers too – but fathers tend to be primary carers far less than mothers.
One of the most common questions I get asked especially during separation and divorce process is `What rights do I have as a father to see my child?‘
Pro-tip: Fathers don’t have rights. Nor do mothers. It’s called `The Children Act‘ for a reason (and not `The Parent Act’!)
The answer is that both parents have responsibilities towards their children and a child has a right to an ongoing, meaningful relationship with both of their parents providing there are no safeguarding concerns.
It’s called `Parental Responsibilty’ and not `Parental Rights’.
What is Parental Responsibilty?
Parental responsibility gives a parent involvement in taking important decisions in the child’s life in relation to issues such as:
• which schools their child attends
• health and medical treatment
• religious upbringing
• holidays abroad and trips away with non-family members
• naming and changing a child’s name
It also gives a parent responsibility in making day-to-day decisions, such as where the child can go, who with and what they might eat. All fathers – in England and Wales – who are either married to their child’s mother or have their name on their child’s birth certificate automatically have parental responsibility (all mums have it by default – it’s the only difference in law between mums and dads).
If you are not married to your child’s mother, or your name is not on the birth certificate you will not have parental responsibility automatically.
You can apply to the court for parental responsibility or come to an agreement with the mother. The court will consider what is in the best interests of the child. like the level of commitment you have demonstrated, the attachment your child has with you and your reasons for applying for an order before granting parental responsibility.
Fathers (like mothers) have no right to contact – regardless of holding PR or not. When parents separate they should ideally reach an agreement on co-parenting together (no involvement with the court is needed!) but if you cannot do so there are steps you can take. Sometimes a carefully worded letter from a family lawyer, setting out your proposals will help your ex see your point of view or maybe mediation.
Many parents who separate agree between them with whom their children will live and when the children will see the other parent, but it is not always possible. Especially when emotions are running high in the breakdown of a relationship.
If agreement cannot be reached a father can make an application to the court for a child arrangements order which will set out arrangements for the child.
The days of assuming a child lives with Mum and spends time with Dad are gone. There are often cases where the children spend more time with Dad or even live most of the week with their father. Of course, this only happens if it’s in the best interest of the child and this must be proven.
So what happens next?
Ultimately the answer to the question is that the rights sit with the child, not with the parents. If you cannot reach an agreement and must go to court to, it will consider what is in your child’s best interests, not necessarily what either of you as parents want.
It is the child’s right to see their father and (others family members!) and have an ongoing relationship with the parent that they don’t live and to be encouraged by the primary carer to see the other parent and enjoy time with them.
Coming to an agreement can sometimes be difficult and unfortunately some cases do go to court. If this is the case and you need help we can help you!!
This post is for informational purposes only and does not constitute legal advice.
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