Can a father take a child from the mother UK?

Answer

What rights does a father have? is often a question that comes up in Family Law. Despite it being a common misconception that fathers have fewer rights after a divorce or split, there’s no doubt that they will often face more legal hurdles than mothers.

When it comes to either parent looking to take a child away from their former partner, you should be aware that you could be in breach of the Child Arrangement Order (if there’s one in place), which could result in a fine, unpaid work or even prison time depending on the severity. 

Even if there is no Child Arrangement Order in place, a court is unlikely to look favourably on a parent taking their child away without permission unless there is a clear danger to the child’s wellbeing. 

If you’re a father looking to learn more about your rights, including whether you can legally take a child away from their mother in the UK, your first step should be to seek expert legal advice from a specialist Fathers Rights Solicitor.

Fathers Rights UK

Family Law recognises most fathers’ essential rights, generally covering:

• Parental Responsibility
• Contact/living arrangements
• Child maintenance
• The right to apply for court orders (such as a Child Arrangement Order)

However, there are some limitations to this, such as whether the father was married to the mother when the child was born or if they’re named on the birth certificate.

If neither of these apply, it can be more difficult to obtain legal rights to child access, but not impossible.

Fathers rights if not on birth certificate UK

In the legal sense, if a father is not on a child’s birth certificate or wasn’t married to the mother at the time of the child’s birth, they do not automatically receive any rights to child access. 

However, in many cases, separating couples come to their own arrangements without the need for mediation or court involvement.

If this is not the case, the father can apply for a Parental Responsibility Agreement. While this doesn’t necessarily award the rights to access (if you don’t live with the child), it’s another way of legitimising your parental rights in the eyes of the law. It also means you’ll be able to have a say on the important decisions in a child’s life (such as healthcare and medical treatment, school and religion) along with most day-to-day decisions.  

Can a father take a child from the mother UK?

If you feel like it isn’t in the child’s best interest to remain with the mother, or if you’re worried that they’re in danger or in an unsafe environment, you might be considering taking them away or requesting that the courts consider changing the child’s residency arrangements. 

The first thing you should do is discuss your options with an expert Family Law Solicitor so you don’t suffer any repercussions for acting against any existing agreements. 

To legally remove the child from a mother’s custody, an application must be submitted to the court to change the current Child Arrangement Order before any action is taken.

Despite many fathers still believing that a court will always rule in favour of the mother, the court may agree with your case provided it's in the child’s best interest. 

All decisions made by the court will focus on the welfare of the child, so it’s crucial you (and your solicitor) put a convincing case together that shows why the child is best residing with you - whether that’s due to the risk of harm, welfare concerns, parental capability, finance-driven or otherwise.

How can GloverPriest help?

When it comes to family legal matters, particularly when you’re concerned about the welfare of your child and your rights as a father, discussing your case with a specialist Father's Rights Solicitor is critical. 

At GloverPriest, in some areas of family law, our specialist solicitors offer a free, 30-minute introductory meeting with a member of our legal team so you can get to know our firm and your solicitor while discussing your case. This will give you a strong standing to make an informed choice about how you want to move forward.

You should also know that, in our experience, the court will always strive to ensure that any final order made will allow children to spend quality time equally with their parents – as long as it is safe and in the child’s interests to do so – irrespective of whether you are the mother or the father.

For friendly and transparent Family Law advice, further help on child arrangements or more information on your rights as a father, get in touch with one of our expert family lawyers today.