If you separate from your partner and are not married but do have children, it’s important to gain a detailed and accurate understanding of what your responsibilities are as soon as possible.

Do you have parental responsibility?

In England and Wales, fathers have parental responsibility for their children if their name is on the birth certificate and the birth was registered after December 1st 2003 or if the parents have signed a Parental Responsibility Agreement. An absent parent may also be given a parental responsibility order by a court, or a Child Arranngements Order that says that the child can live with the father.  A father will acquire parental responsibility if he marries the mother.  Parents have responsibilities towards their children and children have rights to have a relationship with both parents.

Parental responsibility gives you the opportunity to be included and consent to important decisions regarding your child’s upbringing, even if

Our Amy Trevellick continues her series of articles about mediation.

Where children are concerned, our client’s attend mediation mostly to discuss when and how often their children will see each parent after a separation or divorce. This is commonly known as “child arrangements”. If these arrangements are agreed as a result of mediation, or indeed, via a direct agreement between the parents, they can be drawn up into a Parenting Plan or, if necessary, a Child Arrangements Order.

However, mediation can also be used for a number of other reasons, and you don’t have to wait until you have separated to attend mediation. It can be helpful to agree to joint approach to things such as how or when to tell your children you are separating, or how to approach the subject of divorce. If the mediator is trained in Child Inclusive Mediation, your child or children can also form part of

Christmas is not that far away so if you haven’t already you should discuss the arrangements for contact with your children over the Christmas holidays.

Many separated couples are able to agree the arrangements for the absent parent to have contact with their children on a regular basis throughout the year and the specific arrangements for contact over the Christmas and New Year period.

Unfortunately some separated parents are unable to agree the pattern of contact and if you are one who has yet to firm up the arrangements over Christmas you must start thinking about it now.

If you want contact with your children over Christmas and your ex partner says no or is offering less contact than you would like you should seek legal advice.

The first step is always to try to reach an agreement directly with the other parent but if that is unsuccessful you should seek legal advice.

Every case

Our Kelly Bruton answers the frequently asked question – Can I change my child’s surname?

A question that we are quite frequently asked is whether a child’s surname can be changed.  If a child is under 16, their name can only be changed if everyone with parental responsibility for them gives written evidence of their consent.  If the child is over 16 or the other parent with parental responsibility is willing to provide written consent, we can prepare a Change of Name Deed.

If the child’s other parent has parental responsibility and refuses to consent to their name being changed, then it will be necessary for a Specific Issue Order application to be made by the court to change a child’s name.  When considering whether a child’s name should be changed, the court will take into account current case law and they will apply the principle that the child’s welfare is the

Do we need a Parenting Plan/Agreement?

Our Francine Bristo deals with this very pertinent question.

Parenting plans are really helpful unless there has been domestic abuse or concerns about your child’s safety.  A regular pattern of contact and a united front on arrangements makes children and you feel more secure.  You may have different ideas about what’s best for your children and this can make agreeing a parenting plan daunting, we at New Leaf are here to help support you through this.

A parenting agreement is a plan detailing how the day to day parenting of the children will be handled by the parties.  The plan involves both parents and in some cases, includes grandparents or a guardian.  Where children are old enough and it is appropriate, they too can be involved in the process enabling them to also have their voice heard.  The plan should reflect what is in the best interest

These are unprecedented times!  This phrase is used a lot but it certainly applies when it comes to contact arrangements. This pandemic would never have been in the minds of parents when reaching an agreement on contact with the children, nor would it have covered what would happen in the event of a pandemic. However, this is where we are and so it’s a learning curve for all of us.

If you have an amicable relationship with your co-parent then hopefully you can discuss and agree the new arrangements for your children if the usual arrangement isn’t working, particularly now that the children are now off school and one parent may be a key worker and working longer hours or one may be self isolating.

During this lockdown try to utilise the technology that is available, Zoom or Skype or video chats on social media to speak to the other parent and

The summer holidays are nearly upon us, and that can mean challenges for separated and divorced parents.  Unlike Christmas, or half term, the holidays are long, and tension can pop up in all sorts of places.  As well as actually holidays, there are also childcare, back to school and financial issues to take into account.

However forewarned is forearmed, and some thought and planning will allow you to manage six weeks relatively unscathed.

First the good news.  Separated parents can divide time between them.  Whereas before, a summer holiday would be taken together, now you will be taking separate holidays and spending time with your children alone.  This can often take up 4 of the 6 weeks, which can be a distinct advantage.

It’s not all plain sailing though, and issues can arise. Here are some tips on how you can avoid them.

Advanced planning

You should have already decided when your children will be