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.

Get in touch

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.

Testimonials

Read All >

Helen, can I just thank you for the professional and thorough way in which you have dealt with this matter and your advice has been very welcome at times. Worth every penny for peace of mind.

Mr L

Extremely helpful and considerate. Very attentive . Nothing was too much trouble from the first phone call to receiving a hard copy of the will. Couldn’t have asked for more. I would not hesitate in recommending you to friends and family. A fantastic service all round. Thank you Michaela.

Mr M

I would like to thank you (Paul Fitton) for your most professional guidance and advice, I appreciate the effort and time you devoted to my issues on this subject.

Mr S

Mr Nattrass is always understanding and helpful and takes time to listen and explain. It is always a pleasure to deal with him. Also, your reception staff are lovely and welcoming.

Mrs J

The service we received from Helen Green was fantastic, nothing was too much trouble. We would recommend Helen without question.

Mr J

The service provided was excellent. Many thank to John Nattrass for all his input and execution of our wills.

Mrs H

I would like to commend Michaela for her warmth, compassion and professionalism. It was because of her superb persona that I am using McHale & Co. Thank you very much Michaela!

Miss J

We are grateful for your work on our behalf. You ensured that the necessary process was done smoothly and efficiently and you have been a pleasure to deal with.

Mr G.

Excellent service and prompt replies to everything that we wanted. Very professional in these unusual times.

Mrs. S.

Very happy with McHale & Co dealing with my Mother’s Deed of Probate and sale of her house, very helpful during a difficult time.

Ms. C Jones

Outstanding service. A breath of fresh air!

Ms. M

I would like to thank McHale & Co Solicitors for their excellent work.
The support Helen provided me with was above and beyond, it was her professionalism and her personal and effective responses which made such a difficult time for me a lot more bearable.
I would have no hesitation in using McHale & Co again and will certainly recommend them to family, friends and colleagues.

Mrs B

Contact Us