Q: I have a son with my partner, though we are not married. I am told that I do not have Parental Responsibility in respect of my son. What is it and how do I go about obtaining it?

A: Parental Responsibility means all the rights, duties, powers and responsibilities and authority, which, by law, a parent of a child has in relation to the child and its property. It gives a parent the right to choose the child's religion and education and enables them to sign medical consent forms for the child.

Only unmarried mothers and parents who are married at the time of the child's birth acquire parental responsibility automatically.

Q: How do I obtain Parental Responsibility'?

A: Parental Responsibility can be obtained by agreement with the child's mother by entering into a Parental Responsibility Agreement. This is a document which is completed with the details of the child and the parents. The parents then need to sign the document and then have it witnessed by an Officer of the Court (identification in the form of a passport is needed for this).

Once the document has been signed, the original is lodged with the Principal Family Division in London and each parent is given a copy.

If the mother is not in agreement to entering into a Parental Responsibility Agreement, an application can be made through the Court for a Parental Responsibility Order.

Q: What is Family Mediation?

A: Family Mediation is a service that helps couples deal with any or all of the questions relating to their separation or divorce in a thoughtful and co-operative way. Family mediation is also available to help parents in relation to questions over future arrangement in relation to their child or children.

If you and your partner are unable to resolve matters in relation to arrangements concerning children, you will want arrangements for the future to be both fair and workable. In all cases, but particularly those where children are involved, it is important that agreement is reached with the minimum of conflict or distress.

Family mediation helps couples take control of the situation and work things out together in an open and co-operative atmosphere. Mediation can help you reach a lasting settlement which is fair to both parties.

Q: What does it involve?

A: A trained mediator assists you and your partner (or former partner) to discuss and resolve any issues in relation to the care of and contact with children. They can also help with other aspects that flow from separation ie finances and property.

Mediators do not take sides or make the decisions for you. They help you gather all the relevant information to consider the options open to you and to agree on mutually acceptable solutions.

Q: How much does it cost?

A: In relation to the cost of mediation, the mediator charges are calculated per hour. In some areas there are new schemes which have been put into place by the Legal Services Commission which pay for the costs of the mediation for the qualifying applicants.

Q: Do I have to attend mediation before I can apply to the court?

A: In relation to cases where it becomes necessary to issue court proceedings before an application for public funding can be made the matter must firstly be referred to mediation. Public funding will only be granted to enable proceedings to be issued on the provision of a document confirming that mediation has taken place. If the other party is not prepared to mediate, the mediator will sign a form to this effect which will then accompany the application for funding. These are special circumstances when a referral for mediation is not required and it will be discussed with you as to whether you fall into that category.

Q: What is the Welfare Checklist as referred to in the Children Act 1989?

A: In deciding whether an order should be made the court will have to:

a) the ascertainable wishes and feelings of the child concerned (considered in the light of the child's age and understanding);

b) the child's physical, emotional and educational needs;

c) the likely effect on the child of any change in his/her circumstances;

d) the child's age, sex, background, and any other characteristic which the court considers relevant;

e) any harm which the child has suffered or is it risk of suffering;

f) how capable each of the child's parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child's needs;

g) the range of powers available to the court under the Children Act in the proceedings in question.

Q: I have not seen my children for over six months due to my ex-partner's obstructive attitude in relation to contact. I have written to my ex-partner via solicitors with a view to sorting the situation out and even suggested mediation. Unfortunately no response has been received. I am told that my next option is to issue court proceedings. What does this involve?

A: Firstly the application forms would need to be prepared on your behalf. One the forms have been sent to the court, the court will then list for hearing what is known as a Conciliation Appointment.

Q: What is a Conciliation Appointment?

A: A Conciliation Appointment is the first appointment following application for residence/contact/parental responsibility or prohibited steps or specific issue orders. The purpose of the appointment is to see whether it is possible to reach an agreement which can be incorporated in a Consent Order and thereby avoid a contested final hearing.

It is an informal hearing before a District Judge (County Court) or a Magistrates Clerk (Family Proceedings Court) at which a Family Court Advisor (previously known as a Court Welfare Officer) is also present. Both the District Judge and the Family Court Advisor will try to establish whether there is any possibility of reaching agreement by identifying the problems between you both and seeing whether those problems can be resolved by discussion and the assistance of themselves as independent 'arbitrators'. An Order can only be made on that appointment by consent.

Q: What happens if no agreement is reached?

A: If no agreement is reached, the District Judge simply gives Directions for the future progress of the case as to preparing statements, the preparation of a Family Court Report, when the final hearing date is to be fixed and any other Directions.

If a Statement is ordered, this sets out the facts of the case. That Statement will be sent to the court and a copy to the other parent who will then have to prepare a Statement in reply. Sometimes the court insists on Statements being prepared simultaneously. You may be given an opportunity to reply to the other parent's Statement.

Q: Is anyone else present at Court?

A: At the Directions hearing, the court will normally order that a Family Court Reporter must prepare a report on your case. The Family Court Reporter is an independent person who will investigate the case and will normally make a recommendation as to what Order should be made.

At the Directions hearing, the court will sometimes fix the date for the final hearing or, alternatively, the court will require a further short Directions hearing to take place once the Family Court Reporter's report is received. It may be that only then will the final Hearing date be fixed.

Q: How long does it take?

A: It could be six months or more since the start of your case before the final Hearing takes place.

If you have any questions relating to the Children Act please contact Andrew Creswell, Garstangs Solicitors, Bradshawgate Chambers, 57-61, Bradshawgate, Bolton, BL1 1DU or tel: 01204 5311183.