Subjects - Children
Most of the time children are looked after according to the agreement between the parents. But sometimes parents just cannot reach an agreement, and thus the court has to get involved and make orders.
If for example the parents cannot agree where a child lives, then the court makes what is called a 'residence order' directing where the child lives. If the party with whom the child lives cannot agree how much the other parent should see the child then the court makes an order called a 'contact order'. There can also be 'specific issues orders', which relate, as the name suggests, to specific things, like for example what school the child goes to, what religion it is brought up in, and so on. And there can also be things called 'prohibited steps orders', like for example, prohibiting a parent from taking the child out of the jurisdiction, or whatever it may be.
A parental responsibility order can also be made. This just, in effect, appoints somebody to the position of legal parent, even if they are not strictly that biologically. A child's mother always has parental responsibility. A child's father will not, unless he his married to the mother, or the child was born after 1st December 2003 and the father is named on the birth certificate. In other cases the father does not have parental responsibility unless either the mother agrees to it in a formally written down 'parental responsibility agreement', or the court makes an order that he should have parental responsibility.
Parental responsibility orders can also be made in favour of other people, they are not just limited to the parents.
Whenever a court has to deal with anything in relation to a child, the court is directed by law to give first priority to the needs of the child, rather than the needs or wishes of either of the parents, or indeed anybody else.
So, for example, the issue of where the child lives and how much contact other people have with the child is not regarded as a matter of rights for those people concerned. It is regarded rather that the child has a right to see its parents in appropriate circumstances, so the court is deciding how best to give effect to the child's rights, not anything to do with the rights of any parents, or whoever it may be.
In deciding what the best order to make will be, the court will be greatly assisted by reports from officers of what is now called CAFCASS. These used to be called 'court welfare officers', and in practical terms that is probably still a useful phrase to use. They will usually go and see the child, speak to the parents, and so on, and prepare a report for the court.
In preparing that report they will consider what is called the 'welfare checklist', which covers such things as what the child wants, which obviously depends to a degree on how old the child is; what are the child's needs, physically, emotionally and educationally; whether there might be any change of circumstances that is relevant; the age, sex and background of the child; and any other characteristic that might be relevant, such as, for example, any disability; any harm which the child has already suffered or might be at risk from suffering; and the capabilities of the parents to meet the child's needs.