Mothers Rights

Child Custody Rights for Mothers: What the Law Says

Mothers have automatic parental responsibility from birth. But what does that mean in practice when it comes to child arrangements after separation?

schedule 7 min read person Eugene Pienaar, Solicitor (non-practising)

Mothers and Parental Responsibility

Every mother automatically has parental responsibility for her child from birth. This cannot be removed except in the most exceptional circumstances. Parental responsibility gives a mother the right to make decisions about a child's upbringing, education, medical treatment, and religion.

Child Arrangements After Separation

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Separation does not affect a mother's parental responsibility. If both parents have parental responsibility, major decisions about the child should be made jointly. Day-to-day decisions can be made by whichever parent the child is with at the time.

If You Cannot Agree

If you and the father cannot agree on arrangements, either of you can apply to the family court for a child arrangements order. The court will consider what is in the child's best interests, applying the welfare checklist under the Children Act 1989.

Domestic Abuse and Child Arrangements

If there has been domestic abuse, the court will take this seriously. You can apply for a non-molestation order to protect yourself and for a child arrangements order that reflects the risk the father poses. The court can order that contact takes place in a contact centre, is supervised, or does not take place at all if the risk is sufficiently serious.

Relocation

If you want to move abroad with your child, you need either the father's written consent or a court order permitting the move. Taking a child out of the jurisdiction without consent or a court order is a criminal offence under the Child Abduction Act 1984.

Educational purposes only. This article is not legal advice and does not create a solicitor-client relationship. If your situation requires legal advice, consult a qualified solicitor or visit equaljustice.legal.