Children Matters - FAQs

1. How can I get to see my child and I want my children to live with me? 

Popular media commonly references  one parent seeking “custody” “access”, “contact”  or “residence” of their child. However, these phrases do not form part of family law and the terminology used is “child arrangements”. Further guidance on a glossary of terms can be found here.

If you are seeking for your child to live with you this is known as a “Child Arrangement Order”. A Child Arrangement Order sets out :

a) with whom a child is to live, spend time or otherwise have contact, and
b) when a child is to live, spend time or otherwise have contact with any person

Further information regarding the types of orders the court can make in respect of children can be found here.

2. How can I change my children’s name or move their school?  

A parent cannot ordinarily unilaterally make changes such as a change  of a child’s name or school, where there is more than one person who has Parental Responsibility. S3(1) Children Act 1989 defines Parental Responsibility 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”.

A mother acquires automatic parental responsibility, however a father that was not married to the mother at the time of the child’s birth will not automatically have parental responsibility.  However,  since 01 December 2003, an unmarried father will obtain Parental Responsibility if he is named on the child’s birth certificate.

It is best where possible to agree issues as to Parental Responsibility either together or through the use of non court based resolution such as mediation. 

Click here for further information regarding mediation. 

If it is not possible to reach agreement then a court order may be needed.  For further information regarding  the types of orders the court can make in respect of children please click here.

3. I am not named on my child’s birth certificate. 

Where a father is not named on the child’s birth certificate, he can if it is not agreed that his name should be added or he should be granted Parental Responsibility, apply for a Parental Responsibility Order and/or apply for a Declaration of Parentage or Re-Registration of the birth by agreement.

Further information regarding the process for applying for the above can be found here.

4. I want to take my child on holiday. 

If one parent seeks to take their child abroad, they should discuss this with  the other parent if they also have Parental Responsibility. Permission would be best obtained in writing i.e. email or letter.

It would be best practice to provide the other parent with all the relevant information including flights, holiday accommodation, length of travel and arrangements for contact during the time.

If permission is refused then you should first consider mediation as a way of resolving matters. Please click here for further information regarding mediation. If you are still not able to agree through  non court based resolution then you may need to consider making an application to the family court.

Parents should be aware though that if the court has already made an order providing that a child lives with a parent under a Child Arrangements Order, that the parent who has the benefit of that order is, unless expressed otherwise able to take their child abroad without seeking this permission for periods less than one month.  However regardless of this parents should as a matter of good practice work together to share information around holidays, particularly if it will affect the time that the child spends with the other parent. 

If one parent removes their child from the jurisdiction when permission is required and it is not obtained, then this could be considered as child abduction. Further information regarding child abduction can be found by following the link here.