[Solved] joint and shared access

Hi Rob 🙂

Its great to hear that you and your ex can agree!

Heres a couple of agencies that should be able to advise you about this.

Coram Childrens Legal Centre.

Email: www.childrens legal centre.com ...they have webchat available, or you can telephone them.

Helpline number: 08088 020 008

Alternatively you could telephone the National Mediation Service, although you dont need to mediate an agreenment they may be able to advise about gettting an agreement ratified. Heres a link to their website ~

www.nfm.org.uk

Helpline number: 0300 4000 636

Hi Rob,

I will get the Coram Children's Legal Centre to pop by and offer you some advice.

Keep checking back.

Cheers

Gooner

Dear Rob

Thank you for your post.

It is firstly important to establish whether you have Parental Responsibility for your child.

You would have this if:

• You were married to the mother;
• You are named on the birth certificate and child was born after 1st December 2003
• If the birth has been re-registered after 1st December 2003.
• If you have a Parental Responsibility agreement with the mother;
• If you have a Parental Responsibility Order from the court;
• If you have a Residence Order from the court

Parental Responsibility is defined in s.3(1) Children Act 1989 as being: "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property".

Practically Parental Responsibility means that both parties should consult and consent on issues such as schooling, medical issues, change of name, removal from the jurisdiction and other major issues concerning the child.

If you do not have Parental Responsibility we would strongly recommend that you obtain this. You can obtain Parental Responsibility through the following routes:

• You can negotiate with the mother to obtain Parental Responsibility through an agreement. This form is entitled a PRA1. The form requires both parties consent
• You can re-register the birth certificate. This again would require mother’s consent.
• If mother does not consent you can apply for a Parental Responsibility Order. The form required is a C1.
• You can apply for a Residence Order and will gain Parental Responsibility this way.

In terms of the shared residence, if you and your partner agree to this then there is no need to apply through the Courts for this type of Order. You may wish to consider a solicitor drafting an agreement on your behalf however this would not be legally binding.

However if your partner did not agree to the terms you proposed you do have other options available to you.

The first stage that we would suggest you attempt with your ex partner is mediation. Mediation is used where parties are in disagreement over various issues surrounding the child. It is hoped that the parties will work together in mediation together with a mediator to try and reach an amicable resolution without having to resort to court proceedings. It is important to note that anything agreed in mediation is not legally binding . To arrange mediation please contact National Family Mediation on 0300 4000 636.

We would advise that if mediation does not work that you consider applying to the Court for a shared Residence Order. This Order would set out the times that your child would reside with each parent.

To apply for this Order you would need to complete a form entitled a C100. This form (and all the forms mentioned) can be obtained from www.justice.gov.uk or from your local Family Proceedings Court. There is a fee of £200 for this application. If however you are eligible for a fee exemption you can complete a fee exemption form entitled EX160a. Once you have completed the application form you need to hand it in to your local Family Proceedings Court along with the relevant fee and the Court will then contact you with a hearing date.

Something that you may want to look at when applying to the Courts is the Welfare Checklist. This is a guide that all Judge’s must follow when deciding whether to grant a shared Residence Order.

a) The ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
b) His physical, emotional and / or educational needs;
c) The likely effect on him of any change in his circumstances;
d) His age, [censored], background and any characteristics of his, which the court considers relevant;
e) Any harm which he has suffered or is at risk of suffering;
f) How capable each of his parents and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
g) The range of powers available to the court under the Children Act 1989 in the proceedings in question.

Should you require any further legal advice please do not hesitate to contact us on 0808 8020 008 Monday to Friday 8am to 8pm.

Yours sincerely

CORAM CHILDREN’S LEGAL CENTRE