Co-parenting post-divorce can be challenging, especially when it comes to understanding and fulfilling your legal rights and responsibilities as a guardian and parent.
Numerous complex laws govern how parents should act both during and after a divorce.
The legal framework that governs co-parenting
The cornerstone of family law in the UK, particularly concerning children, is the Children Act 1989.
This act primarily focuses on the welfare of the child, ensuring that their best interests are at the heart of any decision-making.
The Family Law Act 1996 adds to this by outlining the responsibilities and rights of parents especially during divorce and separation.
(Our team are always available to walk you through these Acts, should you require further information).
Parental responsibility and child arrangement orders
Parental responsibility is a key concept under Section 3 of the Children Act 1989.
It encompasses all the rights, duties, powers, responsibilities, and authority a parent has for a child and the child’s property.
At its core, it’s about making decisions that are in the child’s best interest, from their education and religious upbringing to medical treatment and where they live.
In instances where parents are unable to agree on these key aspects, Child Arrangement Orders come into play.
These court orders can decide where the child lives, how much time they spend with each parent and other specifics of the upbringing.
These orders aim to ensure that the child’s welfare is prioritised and that both parents have a role in their child’s life, even after separation.
The collaboration between parental responsibility and Child Arrangement Orders ensures that co-parenting arrangements are not only legally binding but also tailored to suit the child’s best interests.
These orders often demand flexibility and a willingness to communicate and cooperate, which is essential in effective co-parenting post-divorce.
Our thoughts
It’s essential to remember that at the core of all these legalities is the welfare of the child – exactly as it should be.
As solicitors, we aim to protect the rights of individual parents during separation, but we also have a responsibility to ensure that any child involved emerges from the divorce process with the least amount of disruption to their lives and wellbeing.
Post-divorce, cooperation and open communication between parents is absolutely vital in terms of financial, familial and child-related issues.
Where this communication has broken down or is no longer functional, you should speak to your solicitor to find legal avenues that protect your child’s interests.
If you are unsure about your rights and responsibilities as a co-parent, you should speak to a qualified solicitor.
