There are many reasons to leave an abusive partner, and having children that are exposed to that abuse should be the most important of all. Here are some common questions regarding the legal aspects and rules of parental responsibility, and information about child protection orders.
What is parental responsibility and who has it?
Parental responsibility is a legal right for all mothers and most fathers. This means that firstly, you have a responsibility to ensure the child is cared for, protected, and provided with a suitable home. It also means that you have the right to make decisions or have information regarding the child’s welfare, education, and medical treatment. Both parents are also by law required to financially support the child/children. Same-sex couples also have parental rights if they were civil partners at the time of conception/treatment.
The mother automatically has PR immediately from the time of birth. The father legally has it if the couple were married at the time of birth or they are registered on the birth certificate. You can also seek to apply for parental responsibility through the family court, including if you were civil partners (GOV, 2022).
Can a parent stop child contact?
Yes. If a parent has safeguarding or wellbeing concerns for the child/children, they can legally stop contact with the other parent regardless of parental responsibility, and you do not need to have a court order in place to do so.
What are the options of court orders available to protect children?
Child arrangements order
A child arrangements order (CAO) is a legally binding document that sets out who the child/children live with and who they will spend time with, when, and how. Both parents can apply for this order, or other family members, though this is less common and would need permission from the court first.
Prohibited steps order
A prohibited steps order (PSO) is a legally binding document that prevents one or both parties from making specific decisions without the consent of the other parent or the court. It is used to prevent/limit a parent from exercising their parental rights/responsibilities such as leaving the country, relocating, and keeping/removing the child/children from the care of the other parent/settings. Again, both parents can apply for this order, but it is only issued to prevent things that the CAO does not.
Without a PSO, either parent can legally take (and keep) the children into their care without the consent of the other parent.
The purpose of these orders is to ensure parental responsibility is upheld and to limit it where necessary to protect the child/children. These orders can be issued with or without notice (ex-parte), meaning they can be applied for in an emergency without the other party knowing.
Specific issue order
A specific issue order (SIO) is a legally binding document that seeks to resolve a specific issue about the child/children’s upbringing or wellbeing between both parties. This could involve medical/education/religious issues or any changes of name.
Consent order
A consent order is where an agreement has been reached by both parents outside of the family court. It can then be presented to the court to ensure it is legally binding. This is usually a straightforward process, providing there are no disputes over child contact or safeguarding concerns from either parent.
How do I apply for these orders?
By law, before an application to the court is accepted for a CAO/PSO or SIO, you must either show that you have attended mediation OR be able to provide evidence of why you are exempt, which is the case in any application whereby you are a victim of domestic abuse.
You can seek legal representation to apply for you, enlist the help of an organization if you are a victim of abuse, or you can apply yourself. There is a small cost to apply; at the time of writing (2024), it is around £250. You can apply for help with funding, or solicitors/organizations can apply for legal aid for you if you are eligible. You will need to fill out a C100 form and submit it to your local family court. If both parties are in different counties, then hearings will take place at the court residing in the jurisdiction of the child’s place of residence. Please note you can also fill out a supplementary C8 form if you wish to keep your details confidential from the perpetrator.
To apply for a consent order, you must also complete a C100 form and submit it to your local family court with a copy of your proposed agreement.
How helpful are they?
Having court orders in place can be incredibly helpful in ensuring the child/children are protected, and often the safe parent too. Whether you are the resident parent or not, they can help to ensure contact takes place or prevent it in certain cases where deemed necessary.
Please note, it is only in cases of the highest risk that one parent is denied any form of contact. Contrary to popular belief, this does not happen very often.
The courts and other professionals involved look for the child’s best interests and safety; it is not about the parents/adults' wishes. These orders are legal documents, and action can be taken if they are not adhered to. Breaching the rules/requirements of these orders is considered contempt of court and can lead to prosecution.
Extra advice
What I would say is having these orders in place does not mean your ex-partner will follow them. Most of the time they don't, and in all honesty, breaches aren't taken that seriously. While it may seem like a good idea to apply for a C100, it's not a decision to be taken lightly. Not only will the other parent be bound to this order, but you will be too. It isn't always the best course of action for everyone; each situation is different.
If you are thinking of ceasing contact for safeguarding concerns, be sure that the other parent will not have access to them. If they take them, it will be down to YOU to apply to get them back into your care. The Police will not and cannot bring children home without court orders in place.
References
GOV. “Parental rights and responsibilities”. Available at https://www.gov.uk/parental-rights-responsibilities/who-has-parental-responsibility (Accessed, 2022)