Fathers and parental responsibility

I HAVE been receiving many enquiries about matters relating to children where there has been a break-up in the relationships between the parents. With the migration of many Zimbabweans since 2000, many families were broken up and have not been able to reunite.

Some families have been able to all migrate to the UK, Canada or Australia. They sadly have not been able to cope with the pressures associated with living in the first world. The way of life in many first world countries is very different from life in Zimbabwe. It has caused a shift in relationships with wives becoming breadwinners, and men having to look after children etc. Problems associated with his culture shock have sadly resulted in the break-up of many families.

In this post I will deal briefly with the issue of parental responsibility in the UK. I have seen many fathers at their wits end having been denied any involvement with their children’s upbringing. Children are not a pawn to be used in the break-up of relationships and it is therefore important for all parties to know their rights.

Mothers have automatic rights for parental responsibility, and therefore this post addresses the fathers’ rights and responsibilities.

Parental Responsibility is defined in law 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”. In essence, this is the law officially recognising a man as the child’s father and giving him the same rights as any other parent.

But what does this mean and how specific is it? This is what causes confusion for fathers who have just obtained or are considering obtaining Parental Responsibility for their child.

Obtaining Parental Responsibility for your child puts a father on an equal basis with the mother and gives him the legal right to have a say in the child’s upbringing. It is sadly often the case that a break-up between parents often becomes so acrimonious that the children are used as tools to hurt each other. Therefore, if a man wishes to have a say in their child’s upbringing it is always a good idea to obtain Parental Responsibility.

Parental Responsibility doesn’t generally deal with day-to-day issues, but can include the right to be consulted on such issues as where the child goes to school, consenting to medical treatment and even religious issues which may affect the child. Of course plenty of couples separate on an amicable basis and put arrangements in place by agreement between them, and so Parental Responsibility is not raised as an issue.

Having Parental Responsibility also gives you the legal right to see your child. However, it does not guarantee that you will get contact with your child, although it is usually considered the first step towards it. The two are separate issues, and therefore, must be treated as such.

If you find yourself in the unfortunate position of being denied the opportunity to see your child, then you will require the Courts to make a Defined Contact Order. This can determine how often and where you see your child based on the circumstances of the case and a checklist of other factors, such as any previous contact that has taken place, where the parties live, the ages of the children and (depending on their age) the views of the children.

The Courts will make a decision based on what they consider to be in the child’s best interests. Plenty of unmarried fathers have obtained Contact Orders for their children in the past, so the issue of Parental Responsibility is not necessarily a deciding factor, although most applicants tend to apply for Parental Responsibility at the same as they apply for a Contact Order.

Of course, it is hoped that most parents do not need the intervention of the Courts in order to agree arrangements and contact with their children can often be agreed between them, without the issue of Parental Responsibility cropping up.

However, it is important for all fathers to remember (even those married to the child’s mother previously) that Parental Responsibility means lots of different things and provides rights on various issues as detailed above. But it does not guarantee that you will get contact with your child. If no agreement can be reached voluntarily with mother, then a separate application must be made to the Court for a Contact Order.

In the UK, unmarried fathers have many rights and I have realised that many do not appropriate their right due to lack of information. Zimbabwean law is very different and gives unwed fathers limited rights.

In the next post I will deal with the issue of contact and immigration in the UK.

Disclaimer: This article only provides general information and guidance on immigration law.. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. The writer will not accept any liability for any claims or inconvenience as a result of the use of this information.

Rumbidzai Bvunzawabaya is a Solicitor at RBM Solicitors based in Coventry. She can be contacted at info@rbmsolicitors.co.uk or telephone: 02476520999