Brief Info on Contact With Children
Unfortunately when relationships breakdown there can be children involved. The party with whom the children are living may refuse contact with the non-residential parent until financial matters i.e maintenance are resolved. Sadly this is a common reaction.
Children are the joint responsibility of both parents and this includes the question of maintenance. If parties are not able to agree a figure for maintenance the person with whom the children is living is entitled to make an application to the Child Support Agency (CSA). The CSA will assess your financial position and decide the amount you should pay. The present guidelines are 15% of your net income if you have one child, 20% if there are two children and 25% if there are three children etc. This figure can be reduced depending upon the amount of overnight stays the children have with the non-residential parent.
It is important when relationships break down that the parties understand that the breakdown can also have a detrimental effect upon the children. It is important that both parties recognise the obvious benefits to the children by the absent parent continuing to play a role in the children’s lives.
A great deal of costs and time can be saved if an agreement can be reached between the two parties, whether this is as to maintenance or contact. Regarding contact if it is unlikely that an agreement can be reached one possibility would be to consider attending Mediation. You would both be invited to an appointment with a Mediator to see if an agreement can be reached. If Mediation is not a possibility or alternatively if Mediation fails you may have the option of making an application to the Court. The application could be for a Contact Order.
Some unmarried fathers may wish to consider the issue of Parental Responsibility. At present if parties are unmarried and the father was not registered on the birth certificate if the child was born after the 31st December 2003 then the fathers have no automatic legal rights in respect of the child. This means that the father would have no say in the child’s schooling, medical issues etc. Parental Responsibility can be obtained through an agreement with the former partner and can be recorded on the appropriate paperwork. Parental Responsibility can also be obtained following the appropriate Court application. This area of Law can be quite complicated and the best way to determine your individual rights and discuss matters generally would be consult a Solicitor.
