What are Private Law Child/ren Proceedings?

When parents separate and there is a dispute relating to the care arrangements for the child/ren, it is always hoped that families can reach an agreement as to the best way forward. If this is not possible, then parents are entitled to issue Court Proceedings to resolve matters. An application for the following Court Orders can be made:

  • A CHILD/REN ARRANGEMENTS ORDER – This is an Order determining with whom the child/ren should live, and whether they should spend time with the other parent and if so then how often that should be.
  • PROHIBITED STEPS ORDER – This is an Order which specifies that a certain step cannot be taken by a parent as specified in the Order for e.g that a parent must not remove the child/ren from the jurisdiction of England and Wales, or the care of the person with whom the child/ren reside.
  • A SPECIFIC ISSUE ORDER – This is an Order that determines a matter in relation to the child/ren’s upbringing e.g whether a child/ren should go on a holiday or changing a child/ren’s surname or any other matter upon which parents are unable to agree concerning a child/ren’s welfare.
  • A PARENTAL RESPONSIBILITY ORDER –  This is an order which an unmarried father can apply for when he does not have parental responsibility for his child/ren either because his name is not on the birth certificate or mother will not agree to enter into a Parental Responsibility Agreement.

The court can make an order granting the unmarried father Parental Responsibility.