When mothers and fathers separate, we recognise that often a father may feel like his role in his child’s life is somehow lessened, particularly when the father and child no longer live together.

Whilst a child may reside with their mother, this does not lessen a father’s rights in anyway, provided they have parental responsibility.

What is Parental Responsibility?
It is defined in the Children (NI) Order 1995 as ‘all rights, duties, powers and responsibilities and authority which by law a parent has in relation to the child and his property.’ Essentially, it is the legal term for the rights of each parent to be involved in making decisions in the best interest of their children.

Do I have Parental Responsibility?

If you are married to the mother at the time of the child’s birth, you automatically get Parental Responsibility. If you are an unmarried father, you may not automatically have the automatic right to parental responsibility in the same way as an unmarried mother or a father who is separated from his wife. For unmarried fathers, you may acquire Parental Responsibility in the following ways;

• If your child is born after December 2003 and you are named on their birth certificate
• By obtaining a Parental Responsibility Order
• By obtaining a Residence Order
• Through a formal written agreement with your child’s mother

Can I make decisions in respect of my child’s upbringing?

Provided that a Father has Parental Responsibility, after a separation both mother and father will continue to have equal responsibility for their children and continued involvement in the child or children’s upbringing. In an ideal world, mothers and fathers could agree decisions in respect of their child’s upbringing. However, in times when these matters cannot be agreed, our Family Law solicitors at HHD can assist.

There is nothing more important than ensuring that the welfare of any child is prioritized following the breakdown of a marriage or relationship. Our Family Law Solicitors will first try to negotiate and reach an amicable resolution with the other parent. In instances where agreement cannot be reached we may apply to the court to determine the issues. The law is there to guarantee your child’s right to enjoy a relationship with both parents where this is in their best interests.

If you are considering issuing contact proceedings it is essential that you seek legal advice as soon as possible. At HHD solicitors, our Family Law solicitors have specialist knowledge in handling contact proceedings in order to ensure that you obtain the best possible outcome. If you need any further advice please get in touch on enquiries@hhdsolicitors.com or 028 90770770