COURT PROCEDURE RELATING TO CHILDREN WITH PARTICULAR EMPHASIS ON LONDON

If the respondent (usually the mother) does not attend the judge can carry on anyway. When you read the Law Book and Guidance it says “the Court” can carry on which is typical pompous nonsense.

It means ‘the judge’ and wording like that is just designed to put you ill at ease. I wonder why they do it.

Remember that as a taxpayer and citizen you own the Court, so, subject to courtesy to everybody as in ordinary life, behave as if you own it, because you do.

Do not be intimidated.

Parental responsibility is defined as “That bundle of rights and responsibilities that go with being a parent”. You will know what that means just as well as I do, which is not entirely! It covers things like significant medical treatment, choice of school, progress, where the child lives, name religious upbringing, going abroad.

It does not entitle the absent parent with parental responsibility to interfere with daily arrangements such as hygiene and grooming, and daily routine, however distressing it might be to see things not being played out as you would hope.

In practice judges do not lock up mothers so the remedy is to apply for a Residence Order. That means the child lives with you full time to take the view you take the times and circumstances under which a mother sees the child.

To achieve this you have to have a plan. This need not be daunting. It basic stuff like where the child will live and school and who will look after him.

Nappies, car seats etc.

Imagine that you were late to Court and the judge said to you “Your barrister is late so talk to me” “Tell me what order I should make?”

You would say I want the children to live with me. What would the judge want to know? He would want to know how attractive the accommodation you could make for the child and whether was safe and secure and suitable.

“How would you show him?” Photographs? How many photographs would you take? Use your common sense maybe take five.

How many copies of each? Possibly again five so that the judge has one, you have one, and the other side and your opponent and maybe one for your advocate and some spares. Court procedure tends to be daunting so prepare quietly and logically at home. Do not be put off. I know it is easier said than done.

Based in London but countrywide Hylton-Potts Consultants offer highly competitive fixed fees. We are often recommended by an excellent charity Families need Fathers.

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Give that some thought.

If we can help click on our website or telephone our free confidential legal helpline.

Good luck whatever you decide.

Parental Responsibility if granted by the Court can be revoked by the Court if there is no Residence Order in place in favour of the person holding it. This however is rare and would involve bad conduct.

In most cases it will not be removed.

The key thing to remember is that the Children Act is an Act for children. Children have the rights. Children have the rights to have Parental Responsibility by their fathers.

You often have to demonstrate your degree of commitment and the attachment between you and the child and your motivation for asking it e.g. not just to “stalk” the mother.

Same sex couples can acquire parental responsibility and be recognised as the legal parent in a number of ways depending on how the child was conceived i.e. known, unknown or via a clinic. In a same sex lesbian couple if one woman is not eligible to be recognised as a full parent this can be achieved by adoption where there is a will there is a way.

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