The build-up to Christmas can bring with it a number of family challenges. Rachael Burke, Solicitor in our Family Law team, sheds light on a common issue affecting parents and their children at Christmas time following separation.
My partner wants our children to spend Christmas day with them and their new partner. Can I stop this?
For most, Christmas is a time that is often spent with family. Where parents are recently separated, it can sometimes be challenging to agree on a schedule for the children at Christmas time. If one parent has a new partner and wishes to introduce the children to them so that they can all spend Christmas together, this challenge can be intensified.
A question we are asked is whether one parent can unilaterally decide to introduce their children from a previous relationship to a new partner? The short answer is “yes”, if the decision is made with the welfare of the children in mind. The consent of the other parent is not necessary, unless there is a court order dealing with this. However, it is advisable to inform the other parent that this is to happen to help nurture a healthy co-parenting relationship.
If you do have welfare concerns about the introduction of a new partner to the children, then you may be able to stop the introduction with the assistance of a court order.
What “rights” do parents have?
If a child’s parents are married, they both automatically share “parental responsibility” for their children. To help them fulfil these responsibilities they also share certain “parental rights”. If parents are not married to each other, but the child’s father is named on the child’s birth certificate, both parents also automatically share parental responsibilities and rights. In those circumstances both parents have the right to have their children live with them; if the children are not living with them, to regularly have contact with the children; and to have a say in their upbringing.
Each parent can exercise their rights without the consent of the other, unless there is a court order dealing with the matter. Parents with parental responsibilities and rights in making any major decision about a child, shall have regard to the views of anyone else who has parental responsibilities and rights for the child. Despite how parents may feel about it, deciding to introduce children of the relationship to a new partner is unlikely to be considered a matter of major importance, unless there are welfare concerns.
Will my partner’s new partner have parental responsibilities and rights?
No, new partners do not automatically acquire parental responsibilities and rights for their partner’s child.
A person with parental responsibilities and rights can arrange for someone else to exercise certain parental responsibilities or rights on their behalf and that may cover a new partner. This would let a new partner deal with everyday matters involving the child, but it does not give them parental responsibilities and rights. It is also the responsibility of anyone who has care or control of a child, but has no parental responsibilities and rights, to always do what is reasonable in all the circumstances to safeguard a child’s health, development and welfare. This “responsibility” would apply to a new partner as it would to anyone with care of the child.
Taking action on concerns
If you do have concerns about how parental responsibilities and rights affect your children or need some help and advice through a separation, then please contact us to discuss your matter further.
