Whether it’s a sad indictment of relationships today or a sign that the stigma associated with divorce is on the wane, but divorce rates, particularly amongst older couples, are on the up. Based on the most recent figures, 39 % of those couples who marry today will divorce.
When a marriage does end in divorce, it is a common gripe of fathers that they do not feel their rights are properly protected in law. And to an extent they’re right, depending on whether the parent has Parental Responsibility for the children or not. Parental Responsibility determines your duty of care for your child and your obligation to protect them.
In divorce cases, the vast majority of fathers are desperate to remain as actively involved in the upbringing of their children as they can once the divorce has been settled. This can cause much frustration and leads fathers doubting their rights and responsibilities.
The Increase in Child Custody Battles
Over the past decade a new trend has emerged, as an increasing number of fathers fight for the custody of their child, particularly in cases where both parents work fulltime. Residence determines where the child lives and which partner will retain the lion’s share of access.
In dual income households there typically remains a disproportionate spread of Parental Responsibility, and in this case, the level of Parental Responsibilities carried out in the past is a crucial factor when determining both the level of access a parent will have and how much child support should be paid.
Obviously, there are many other factors the Court needs to consider when determining Residence of a child (e.g. whether there are any welfare concerns).
Read more: FAQ Series: Who Moves Out of the Marital Home?
How is a Decision Made in Court?
As unfair a stance as it may be, there are some Judges that arbitrarily favour the role of the mother when raising children, particularly if the father is the household’s sole or main breadwinner. However, on the other hand there are many Judges who actively support fathers who wish to play a positive in their children lives.
If both parents work fulltime then the decision as to the award of custody will be based on the share of parental duties undertaken by both (again other factors will need to be considered). If each has an equal share of parental responsibilities, the father is just as likely to be awarded custody as the mother.
The stability and welfare of the child are the court’s primary considerations. To gauge just how involved each parent is in their child’s life on a daily basis, the court can ask questions such as:
- Who takes the children to school?
- Who attends parents’ evening?
- Who prepares the child’s meals?
- Who is responsible for the child’s extracurricular activities?
Read more: Legal Father Vs Biological Father – What Are My Rights?
Out of Court Agreements
In the majority of divorce cases it is advantageous to all parties if a resolution can be reached out of court through direct negotiation between ex-partners. Mediation services are available if a third party is required to act as an intermediary to facilitate the agreement.
However, as a father you should bear in mind that such agreements have been flouted in the past. Mutual respect, goodwill and maturity are all crucial when maintaining an amicable agreement. If you do wish to have the agreement enforced you will need to obtain a Court Order. However, even a Court Order is no guarantee against a further breach although an application can be made to Court to Enforce the Court Order if one party breaches it.
And Finally...
As divorcing parents, the most important factor to remember, no matter how acrimonious the relationship with your ex-partner becomes, is the welfare and stability of your child. Your focus should be on building the most effective parenting relationship possible, not scoring personal points or causing your ex-partner as much heartache as possible.
Read more: Family Law - The Five Minute Jargon Buster
If your divorce has gone past the point of repair, seeking the assistance of an experienced and specialist child care and children matters team could be worth its weight in gold. The legal team at Howells Solicitors offer divorce advice for men with children across South Wales.
