RESOURCES
1. The Welfare Principle (Section 1)
The child's welfare is the paramount consideration in any court decision about custody and parental responsibility.
Fathers seeking split custody or more access must demonstrate that their involvement serves the child’s best interests.
Factors considered include emotional needs, educational needs, and the potential impact of changes in the child’s circumstances.
2. Parental Responsibility (Sections 2-4)
If the father was married to the mother at the time of birth, he automatically has parental responsibility (PR).
Unmarried fathers must either:
Be registered on the birth certificate (after December 1, 2003).
Obtain PR through a formal agreement with the mother or a court order.
PR gives the father legal rights and responsibilities, including decisions about the child’s education, medical care, and welfare.
3. Presumption of Parental Involvement (Section 1(2A))
Introduced under the Children and Families Act 2014, this section presumes that both parents should be involved in a child's life, provided it does not put the child at risk.
Courts are more inclined to grant shared custody or significant contact unless there is evidence that the father’s involvement is harmful.
4. Child Arrangement Orders (Section 8)
If custody or visitation disputes arise, fathers can apply for a Child Arrangements Order (CAO), which defines:
With whom the child lives (residence).
How much time they spend with each parent (contact).
Courts aim for shared parenting when practical, recognising the importance of the father-child relationship.
5. Prohibited Steps & Specific Issue Orders (Section 8)
A Prohibited Steps Order (PSO) prevents one parent from making unilateral decisions that affect the child, such as relocating without the father’s consent.
A Specific Issue Order (SIO) resolves disputes over specific aspects of a child’s upbringing, such as schooling, religious upbringing, or medical treatment.
Fathers can use these orders to prevent unjustified restrictions on their role in the child’s life.
Key Takeaways for Single Fathers
The law supports father involvement, provided it's in the child’s best interests.
Parental responsibility is crucial—ensure legal recognition of your rights.
Child Arrangement Orders help in disputes and can establish shared custody.
Prohibited Steps Orders can prevent a mother from moving a child away unfairly.
Welfare principle is central—focus on how your involvement benefits the child
FOR FATHERS
Gingerbread – Single Parent Support
Gingerbread offers information and support specifically tailored for single dads, including local and online groups to connect with other single parents.
Dads Unlimited
Dads Unlimited provides one-to-one mentoring for separated fathers, offering advice and support on issues like separation and child arrangements
Dads House
Dads House organises regular support meetings where single fathers can share experiences and combat feelings of isolation. They also offer activities like guitar lessons and football sessions to promote well-being
Father2Father
An award-winning organisation that provides specialist coaching and mentoring for fathers, supporting them in various aspects of family life.
Lads Need Dads
While focused on supporting boys without active fathers, this program offers male-led mentoring and community activities, which can be beneficial for single fathers seeking positive role models for their sons.
Meet Up
Meetup hosts various groups across the UK where single dads can meet, share experiences, and support each other.
Legal Assistance
C100 Form
The C100 form is used in the UK Family Court when a parent or guardian wants to apply for a Child Arrangements Order, Prohibited Steps Order, or Specific Issue Order. This is typically necessary if parents cannot agree on child custody, visitation, or other parental responsibilities after separation.
Form A
The Form A is used in the UK Family Court to apply for a financial order during or after divorce, dissolution of a civil partnership, or judicial separation. This form starts the legal process for resolving financial disputes, including maintenance payments, property division, and pension sharing.
Clintons Family Solicitors
Clintons has one of the top ranked family law practices in the UK. They are here to fight for their clients’ corner and, where necessary, do not hesitate to seek the assistance of the courts. Thy have a breadth and depth of experience in guiding cases through litigation at all levels and at all stages.