At a recent free clinic held at our Sleaford Office (which we do on the last Friday of every month at all our offices), I had three clients come to see me seeking advice in relation to Parental Responsibility. It appears that some people are under the misapprehension that, from a legal stand point, if a non-resident parent does not possess Parental Responsibility (PR), then this can be a barrier for contact with their child.
The Court’s stance in relation to contact is that a non-resident parent should enjoy quality contact with their child on a regular basis (regardless of the fact that a parent has PR or not). There is no hard or fast rule in relation to a non-resident parent’s contact arrangements. The Court’s paramount concern is what is in the child’s best interest and whatever arrangements work for the parties involved. However, most non-resident’s parents enjoy contact every alternate weekend and overnight/teatime contact during the week, plus any additional contact that can be agreed.
If contact matters can not be agreed and all methods of negotiation have been exhausted, a parent without PR can still make an application to Court for a defined Contact Order in respect of their child. However, as they do not have PR, they will need to first apply to Court (using a C2 Application at the same time as the Contact Order application (Form C100)) to request the Court’s permission to make the Contact Order application. 9 times out of 10, if a parent can evidence to the Court that there is an established bond between them and the child, the Court will grant permission.
Grandparents, step-parents and other individuals who do not possess PR for a child can also apply to Court for contact if they are being denied reasonable contact and can evidence that there is an established bond between them and child. Such persons would also have to apply to seek the Court’s permission to make a Contact Order application.
For further information in relation to Parental Responsibility issues or any other Family Law related matter, please feel free to contact me on 01529 301300 or click here for details of our Free family law clinics.