Children

Parental responsibility

Parental responsibility may be acquired by an unmarried father:

  1. who marries the mother or, from 2 December 2019, enters into a civil partnership with the mother subsequent to the birth

  2. who enters into a parental responsibility agreement with the mother

  3. who, since 1 December 2003, becomes registered as the child’s father under one of the enactments specified in the Children Act 1989 (ChA 1989)

  4. on an application to the court for a parental responsibility order

  5. who is appointed as guardian on the mother's death

  6. when the court makes a child arrangements order (CAO) in which he is named as the person with whom the child is to live—it must also make a separate parental responsibility order—see Practice Note: Child arrangements orders—residence—Effects of a child arrangements order that regulates with whom a child is to live

  7. when the court makes a CAO in which he is named as a person with whom the child is to spend time—note that the court may make a separate parental responsibility order—see Practice Note: Child arrangements orders—contact—Parental responsibility

On a father’s application

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High Court judgment demonstrates usefulness of section 423 of the Insolvency Act 1986 in Schedule 1 claims (Re P (A Child) (Financial Provision))

Family analysis: In this Schedule 1 case the mother received, for her son’s benefit: a housing fund of nearly £1m (the property to be held on trust); child maintenance (including ‘HECSA’/carer’s allowance) until completion of his first degree; and lump sums in respect of his capital needs and her own substantial liabilities (chiefly relating to her unpaid legal fees). The father (whose resources could be measured in the ‘tens of millions of pounds’) had sought to prejudice the mother’s claims via transferring his valuable shares to family members, who then transferred the same into a trust structure (settled under Czech law). A further onwards transfer was then made of the trust’s assets into a Liechtenstein foundation. Inferences were drawn by the court in respect of the level of the father’s wealth, and specifically as to the value of the transferred shares. Detailed findings were made against him in respect of the identified transactions, which had been the focus of the mother’s section 423 application. Although a section 423(2) order was not actually made, the application was adjourned pending the father’s compliance with the award, with security in the sum of £600,000 also ordered, alongside a continuation of the freezing orders made earlier in the proceedings. David Wilkinson, solicitor at Slater Heelis, considers the issues.

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