There has been much discussion regarding Emmerdale Farm and the Dingle family, in particular, Mackenzie Boyd who is desperate to be reunited with his son, Reuben after his ex-partner Chloe ran off with their child.
It is devastating for a parent when this happens but there are sanctions which you can put in place to protect your child.
What can you do in this situation?
If Mackenzie believes that there is a risk that Reuben could be removed from the jurisdiction, he would have to apply to the Court for Parental Responsibility (PR) if his name is not registered on Reuben’s birth certificate. Many parents believe that they have PR, PR means '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'.
Therefore, if you have parental responsibility, you have the right to be consulted in key decisions about a child's upbringing such as medical treatment, education, religion and holidays abroad.
Who has Parental Responsibility?
The child's mother will automatically have parental responsibility from birth. The father will also have parental responsibility if one of the following apply:
If the father was married to the mother at the time of the child's birth;
If the father marries the mother after the child's birth;
If the parents are not married but the father's name is registered on the child's birth certificate (from 1st December 2003);
If the parents are not married but enter into a Parental Responsibility Agreement;
An application to the court for a Parental Responsibility Order;
If there is a Child Arrangement Order specifying that a child should live with the father;
Adopting a child.
Same-sex partners will both have parental responsibility if they were both civil partners at the time of the donor insemination or fertility treatment. If they are not civil partners, then the 2nd parent can obtain parental responsibility by entering into a Parental Responsibility Agreement or applying to the Court.
Does Chloe need permission from Mackenzie?
Where both separated parents have parental responsibility, the consent of the other parent or anyone else with parental responsibility is required, failing which, you must obtain a court order granting you permission. If you fail to abide by the law, you could commit a criminal offence.
If there is a Child Arrangement Order specifying that a child should ‘live with’ one parent (previously known as a residence order), then the parent who has a ‘live with’ order may take a child abroad for a maximum of 28 days without the other parent's permission.
Therefore, if Chloe does not have a Child Arrangement Order, she would need Mckenzie’s permission or to apply to the court for a Specific Issue Order, the decision would then be down to a Judge.
What can McKenzie do?
He could then prevent Chloe from even moving or taking Reuben abroad by applying for a Prohibited Steps Order, which is an order preventing an action. He could also apply for a Port Alert, this will alert the passport office and all ports that the child should not travel abroad. Without permission from the other parent with Parental Responsibility, it could be a criminal offence to remove your child from the jurisdiction of England and Wales without the other parent with Parental Responsibility’s consent or a Court Order.
But Mackenzie does not know where Chloe is so how can the court possibly assist?
The court do not take it lightly when a parent removes a child without the other parent’s permission. Mackenzie can apply to the court for a ‘whereabouts’ order’. The court has the power to search against the Department of Work and Pensions for information regarding a person’s address. Therefore, if Chloe works or is in receipt of benefits, she has to register her details with the Government, even to pay Council Tax she has to register her address.
The contents of this article are intended for general information purposes only and shall not be deemed to be or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
If you would like to discuss your matter, please contact Amanda Adamson by telephone on 02392 001551 or by email Amanda.adamson@wyethpaullaw.co.uk.
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