The Supreme Court has ruled that children whose parents separate and go abroad should be allowed to express a choice about whether they want to accompany them to another country.

In a case likely to have a significant impact on international cases, five justices unanimously decided that a 13-year-old girl, caught in a tug-of-love between her British Father and Spanish Mother (who separated approximately 2 years ago) should be considered to be a party to the domestic dispute.

Her Father is 47 and lives in the Thames Valley and her Mother is 46 and lives in Madrid. The teenager also has 3 brothers.

The Court concluded: “The youngster's “assertions about her state of mind" were relevant to any final decision about where she might live.”

Lady Hale, deputy president of the Supreme Court and the UK's most senior female judge, suggested that the teenager's "perception" was as important as that of her parents.

She said “the relevant reality was that of the child, not the parents. This approach accords with our increasing recognition of children as people with a part to play in their own lives, rather than as passive recipients of their parents' decisions."More...

MISTAKE 1: Not spending enough time with your children

Whether you are happily married, about to divorce or already separated, spending as much time as you can with your children will do nothing but benefit them (and you). This can be anything from helping with homework, eating dinner together, fixing a bike tyre, helping them clean their room, taking them to a medical appointment, shopping for their needs etc. Statistics show that children who have a lot of time with both parents excel academically, socially and personally. If you wind up in a custody contest, your track record of constant contact may save you in court.
 
MISTAKE 2: Leaving the marital home More...

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.  More...

Have you been advised you need a C100 court form, but aren't exactly sure what it is? Well, don't worry, we'll explain it in simple, easy-to-understand language to help make your decision of what's right for your family that little bit easier. 

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by Karis Jones

 Parental Responsibility is defined in section 3(1) of the Children Act 1989 as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’. Therefore if you have Parental Responsibility you are recognised as having the legal powers to make appropriate decisions in relation to the upbringing and wellbeing of your child. However, others, besides parents, can have parental responsibility for a child; for example, a local authority for children in its care, a child’s guardian, a child’s stepfather and perhaps a child’s grandparents or other relatives will be able acquire parental responsibility in certain circumstances.

What Parental Responsibility means to you

As mentioned above Parental Responsibility is defined within the Children Act 1989. For example, Parental Responsibility will give you a right to contact your child’s doctor or discuss medical treatments, it will also allow you to play a part in your child’s education and have a say into which school your child attends.

A mother automatically acquires Parental Responsibility for her child, as does a married father irrespective of whether the marriage to the mother occurred before or after the birth of the child. However the law in respect of Parental Responsibility changed on the 1st December 2003. More...