We get lots of questions about what to do when a former partner breaches contact arrangement rules. In some cases, people have found that the other parent won’t co-operate, or is late or doesn’t show up. But, of course, every case is different and the circumstances that lead a parent to breach contact arrangements change from person to person. Here, Charlotte Sherborne, an Associate at Hugh James Solicitors who specialises in family law, explains what happens if a former partner breaches contact order arrangements: One of the most difficult parts of separation for parents is agreeing on contact arrangements for the children. If an amicable arrangement can’t be achieved, many parents can then choose to go through mediation or, as a last resort, issue Children Act proceedings to ask a court to decide what should happen. Sadly, for some parents this is not the end of the story.Having obtained a court order, many parents find their former partner breaches the order, leaving them once again being denied contact with their children. What can you do if a court order is breached? If there are regular and intentional breaches of an order by a former partner then it may be necessary to bring the matter back to court and to bring enforcement proceedings. However, this should be a last resort as it only causes more friction and expense.Depending on the case and the nature of the breaches involved, the court has the power to order community service or a fine, and, in cases of the most serious and repeated breaches, a court can have the power to issue a prison sentence, although this is very rare indeed as often the parent breaching the order is also the children’s primary carer. So, what is the best approach to take? Try to sort things out amicably, get a proper understanding of your rights, manage your expectations and constantly review your child’s circumstances. This will result in the least amount of conflict. It also gives you the flexibility and goodwill that is very hard to achieve if you go through the court process.  Charlotte qualified as a solicitor in 2003. Throughout her career Charlotte has worked and practised law in London, most recently at the leading niche firm Family Law in Partnership LLP. She now works at Hugh James where she specialises in Family Law, Divorce and separation, Pre-nuptials and living together.

The Dispatches programme Sharing Mum and Dad provoked a lively Twitter debate among our followers including mums, dads and legal experts. The programme saw presenter Tim Lovejoy, who is divorced with two children, try to unpick the practicalities and legal complexities of shared parenting. If controversial Government proposals go ahead, a new clause will be inserted into the Children’s Act 1989 which states: …to presume that a child’s welfare will be furthered by the involvement of each of the child’s parents in his or her life, unless it can be shown that such involvement would not in fact further the child’s welfare. The Dispatches programme was an important one in that it brought a debate that had only been happening among academics, legal experts and professionals to a much wider audience. With one in three UK children experiencing family breakdown, the programme posed the crucial question: are we doing enough?  However, it set itself a tough challenge in trying to explore both the concept of shared parenting and asking if current legislation is working in just thirty minutes. The programme explained shared parenting as being the ‘alternative’ to one parent (usually the mother) being awarded sole responsibility by the courts, which ignores important aspects of the debate. The term ‘shared parenting’ can be problematic, particularly if parents interpret it to mean that they ‘get a share’ of the child. Splitting a child’s time 50/50 often places a huge amount of stress on their shoulders as it’s very hard to live in two homes and manage the practicalities of friends, school, etc. Often it is easier for a child – especially a very young child – to have their main home in one place. It is the court’s duty to do what is in the best interests of the child. While the quality of the parent-child relationship requires regular contact, equal access to both parents is always practical or in the child’s best interests – despite what parents feel. Parents should share responsibility for their children but that requires ex-partners, who are often hurt and angry, to look beyond their own needs and feelings and communicate well with each other. Separated parents need to co-operate and establish a new type of relationship with each other, focused on what is best for their children rather than themselves.

Once you’re no longer living together, you’re classed as separated for tax and benefit purposes. Separating from your partner may mean that you become entitled to new benefits and tax credits or higher amounts of benefits than you already receive. If you or your ex-partner were claiming benefits for the family before you separated, it’s important to tell Jobcentre Plus and HM Revenue & Customs straight away. Keeping them up to date about your change in circumstances can help you avoid being overpaid or losing out on money. Qualifying for extra benefits could make a big difference to the options available to you, particularly when it comes to the cost of housing. If the parent with the main care of the children can work at least 16 hours a week, they may qualify for Working Tax Credit. This benefit can make a substantial difference to a single parent’s income, so it may be worthwhile financially if you can manage this. If you have permanently separated from your partner, you can claim benefits and tax credits as a single person immediately. If your separation is temporary or on a trial basis, you may not be able to claim these benefits while there is still a chance you may get back together. For advice and practical support with benefits and tax credits, contact your local free advice centre, such as Citizens Advice, or called the Gingerbread Single Parent Helpline free on 0808 802 0925. You can find further detailed information on page four of the factsheet 'Action to take when a relationship ends',  produced by the charity Gingerbread who provide expert advice and practical support for single parents.

Before you apply for a court order it is worth remembering that judges will expect you to have tried to agree. You and your ex have joint responsibility for working out the arrangements for your children. This duty continues when you separate, even if you have never lived together. If you can’t talk to each other, you will be expected to ask for help from a mediator or a solicitor. The court will expect each parent to put forward their case. It is the court’s duty to put the child’s welfare first. It can be hard for parents to accept that what they ask for may not be what is best for the child. What courts say is best for a child For parents to encourage the child to have a good relationship with the other parent. For parents to have a ‘good enough’ relationship with each other. For the child to spend time with both parents. The law sees it as the child’s right to have regular, personal contact unless there is a very good reason not to. In the rare cases where contact is denied, the court will have been satisfied that the child’s safety is at risk. Denial of contact is unusual and in most cases the contact ordered will be frequent and substantial, considering the child’s age and all the circumstances. In some cases, contact will be arranged on an interim basis which will be subject to review until the Court is satisfied that the amount and frequency of contact is right. Non-payment of child support is not a reason the court would consider denying contact. Summary If you want to change agreed arrangements, the court will expect you to make sure the other parent agrees first or that you have used the help of a mediator or solicitor before going to court. Experience shows that court-imposed orders tend to work less well than agreements made between parents. Court proceedings are good for restoring contact when it has stopped and increasing it when it is insufficient. However, going to court does not necessarily improve the parenting relationship, which is so important to children’s wellbeing. While family mediation offers parents a chance to improve their relationship and focus on the needs of the child, going to court tends to teach couples how to argue! Having a court order If there is a court order in place you must do what it says, even if you don’t agree with it. If you want to do something different, you must apply to the court to have it varied or discharged.

Parental responsibility is a legal term that means you have the right to be involved in important decisions like your child’s living arrangements, education, religion and medical treatment. It’s not automatically given to all fathers, so it’s important to understand how it works, particularly if you’re going through a separation and dealing with childcare arrangements. Who has parental responsibility? Being the child’s biological father does not automatically give you parental rights. If you weren’t married when your child was born, you may not have parental responsibility. This will depend on how the birth was registered. Registering the birth of your child All births should be registered within 42 days (six weeks) of the baby being born. Birth certificates are required to have the details of the biological mother and – where possible – the details of the biological father.In other words, if you’re not married to the child’s mother, you need to be present at the birth registration to guarantee your right to parental responsibility. Who can register the birth? It is usually the mother’s responsibility to register the birth, but the father can do it on his own if he is married to the mother. An unmarried father can only register the birth on his own if the mother has made a statutory declaration acknowledging him as the father of the child, or if he brings along a parental responsibility agreement or a court order. When an unmarried father doesn’t sign the birth register, his details aren’t included on the birth certificate and he is not given parental responsibility. If this is the case for you, there are two ways to get parental responsibility: Make a statutory declaration acknowledging that you are the father. The mother must give this to the registrar. Present a parental responsibility agreement or court order at the register office. It’s also possible to re-register the birth at a later date to include your details. You’ll need the mother to agree to this. What is parental responsibility? Parental responsibility (PR) is a legal term, defined in the Children Act 1989 as: “all the rights, duties, powers, responsibilities and authorities which by law a parent of a child has in relation to the child and his property”. Without parental responsibility, you don’t have any right to be involved in important decisions like where the child lives and goes to school. You could also be left out of big decisions like taking the child out of the country. Since 1 December 2003, fathers who register a child’s birth with the mother automatically have parental responsibility. If your child’s birth was registered before this date and you were not married to the mother, you can apply to re-register the birth with the mother’s agreement, or apply for a court order or agreement. You automatically have parental responsibility if: You are the biological mother of the child. You are the father of the child and are married to (or later marry) the mother. You are an unmarried father and are registered on the birth certificate (this only applies to births registered since 1 December 2003). You have adopted the child. You do not have parental responsibility if: You are an unmarried father and are not registered on the birth certificate. You are not the biological parent, even if your partner is. You can get parental responsibility in the following ways: If you are the biological father: You can re-register the birth with the mother. You can make a PR agreement with the mother’s consent. You can apply to the court for a PR order if the mother refuses to make an agreement. If you are the partner of the biological parent and your partner’s child lives with you, you can get PR in one of several ways: You can ask the court for a residence order. You can make a PR agreement with consent from the child’s parents. You can apply for a court order. You can apply for an adoption order. Further support Gov.uk has more information on parental rights and responsibilities.