Children: Rights, Support, Access and Relocation

The laws that govern children's rights and the roles and responsibilities of parents and guardians are complex and understandably daunting for anyone who cares for children. Often our recourse to the law is in difficult circumstances, for example during the break up of a relationship, or when deciding to adopt. Sadly emotions run high at that time, and getting to grips with this technical area of family law can be tough.

Children's Human Rights


The first thing to note is that children have human rights, as described by the United Nations Convention on the Rights of the Child (UNCRC) , which applies to all youngsters under the age of 17. The UK government has ratified this law, and therefore is bound to uphold its provisions.

Under the UNCRC, children have the right to life, survival and development. Children also have the right to a name and nationality, the right to live with a family, the right to health and welfare, education and leisure.

Maintenance


The Child Support Act 1991, the Child Support, Pensions and Social Security Act 2000 and the Child Maintenance and Other Payments Act 2008 provide that non-resident parents must provide financial support for their children and resident parent in the form of a regular child maintenance payment.

The law allows parents to come to a private arrangement regarding the amount of maintenance payable and the frequency of payments made. The law also provides a mechanism for ensuring that payment is enforced in situations where an agreement cannot be reached, or where one partner is unwilling to pay.

Access


When couples separate they often apply for rights of residency or contact orders under section 8 of the Children Act 1989. When considering such an application, a court will often seek out a welfare report to assess the best interests of the child or children. Residence orders determine where the child will live, and gives legal responsibility to the parent granted the order. Contact orders allow another person, usually the other parent, the right to visit, spend time with or even stay with the child or children involved in the case.

In some limited circumstances it may be possible to prevent a contact order being granted, although you would normally have to show that it was not only not in the best interests of the child or children, but also that there was a risk of potential harm by allowing the other party access to them. Your family lawyer would need to rebut a strong family law presumption that some contact with both parents is overwhelmingly in the child's best interests. Complete denial of contact usually only occurs in violent or abusive cases.

Relocation


UK and international law prevents a parent from removing a child from England and Wales without the permission of all persons with parental responsibility for that child. The law does allow those with residence orders the right to take children on holiday, but restricts this to less than one month without additional permission.

Cases more commonly arise when one parent with residency wishes to relocate to another part of the UK. The law allows this to happen in all but the most exceptional circumstances. In reality the child's best interests are again paramount, and case law such as Re F (Internal Relocation) [2010] EWCA Civ 1428 asserts that restrictions can be placed on where a parent may move their children to but only in 'exceptional' circumstances.

Your Views



Posted by:
Davidbaird

Posts: 1

From:
Houston
Ayrshire


Children: Rights, Support, Access and Relocation



Parents often argue over the correct child support amount in family law cases. When the issue of a parent, the child or both receiving social security benefits is factored in, an already contentious case becomes more complex. Here is a summary of the Arizona law on the subject.
security service


complain about this post

Posted: 27/Aug/13 at 8:40:09


Posted by:
roberts

Posts: 3

From:

Ayrshire


Replies

I think relocation is OK as long as everyone in the family agrees to it. If done right, it can turn into quite the adventure for your child. The movers I found on http://atozphoenixmovers.com/ made everything easy during our moving process and my kids enjoy their new place more than anything they had before!

complain about this post

Posted: 09/Jun/14 at 16:54:44


What do you think?
Login or Register to add a comment or ask a question.



Advertise on Parenting.co.uk

advertise

If you run a business and would like to get your message across to families and parents then Parenting.co.uk is a good place for you to advertise.




Competitions

parenting competitions

Win a Cloud and Rainbow Mobile

Win a lovely white rain cloud mobile, with a light grey, dark grey, and bright turquoise, raindrops suspended underneath.


Win a Classic Eames Style Chair

Win a Kids Classic Eames Style Chair Retro Modern Atomic Age Eiffel DSW Coloured Side Lounge Dining Chair.




Top 40 Advice Articles

parenting articles



Newsletter

parenting newsletter

Would you like to receive details of: Parenting Tips, Money Savings ideas and Competitions?



Follow Parenting.co.uk

follow parenting

facebook    twitter    rss-feed