Unfortunately, the effects of a relationship breakdown are often extended to the children involved.

The most common issues which arise in terms of children are parental contact with the child and indeed which parent the child will live with on a day to day basis. These issues are known as residence and contact.

The legal issue here is parental responsibility, which is legally defined 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”.

As the law currently stands, a mother has automatic parental responsibility, irrespective of her marital status. Whether the father of the child also has parental responsibility depends upon whether he was married to the mother at the time of the child’s birth. A father only has parental responsibility if he is married to the mother when the child is born or has acquired it via one of the following routes:

  • (from 1 December 2003) by jointly registering the birth of the child with the mother
  • by a parental responsibility agreement with the mother
  • by a parental responsibility order, made by a court
  • by marrying the mother of the child

Either parent may apply to the Court for an Order known as a Residence or a Contact Order. A person does not necessarily need to have Parental Responsibility to apply for such an Order.

Where the courts are concerned, with any dispute where children are involved, the welfare of the child is of paramount importance. Ultimately, decisions will be made based upon what is best for the child.

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If you would like to know more about how our tailored services can best suit your needs, do not hesitate to get in touch. Although based in Greater Manchester, we can provide high-quality legal assistance to those who need it around the UK. Call us today on 0161 928 3848, or fill in the online contact form.

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Excellent, professional and caring. Michaela and her colleagues made the whole process very easy.

Ms A

I have been using McHale and Co for both the sake of my property and the purchase of my new home. Joy handled my sale and was extremely professional, helpful and persevered when dealing with my buyers solicitors who were less than professional to deal with.
Phillippa was equally professional and extremely knowledgeable on purchasing new build properties due to her years of experience in this specialist area. She was supportive and gave me confidence that I was getting a first class service. Would use them again and recommend to my friends and family.

Ms. S

…in the midst of the most stressful situations, I have never felt the need to ‘nudge’ or urge action, I have always been confident in the reliability and consistency in the service received, especially from Liz Connolly.

Ms B

Extremely satisfied, I have already recommended. I first used the Will drafting service – Helen Green – then probate… clearly happy!

Ms W

Excellent Service provided by Michaela. Detailed, professional and approachable.

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Michaela is professional and confident in her field and at the same time I felt completely relaxed in her presence, a great asset to McHale & Co.

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Always, without fail, returned email/telephone calls promptly. Thank you.

Mr D

Professional and efficient service with a personal touch.

Mr Y

Grace has been very helpful dealing our whole family, arranging wills and lasting powers of attorney. Excellent service.

Mrs N

I am very glad that I found your office and especially Helen Green. I enjoy dealing with people who know what they are doing.

Mr S

Grace Kennedy was friendly, professional and knowledgeable. Updating our wills was a very smooth and efficient process.

Mr W

The service and communication provided by Michaela throughout the process of dealing with my mum’s estate has been exemplary.

Mr E

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