Watford Solicitors

FAMILY LAW SOLICITOR WATFORD

What is Parental Responsibility ?

Parental Responsibility (PR) is the legal concept relating to the rights, duties, powers, responsibilities and authority which, by law, a parent of a child has, in relation to the child and his property.

Is Parental Responsibility automatic ?

When a child is born, the mother automatically has parental responsibility. If the parents are married, both parents automatically have parental responsibility. If a child is born to unmarried parents after 1st December 2003 with both parents’ details, this also gives the father parental responsibility. If these circumstances do not apply parental responsibility can be obtained with a parental responsibility agreement entered into by both parents or a parental responsibility order made by the court.

What is a Residence Order?

A Residence Order details the person with whom a child will live. When the court makes a Residence Order in favour of someone who is not the parent or guardian of the child concerned, that person will have parental responsibility for the child while the Residence Order remains in force.

Can a child change his/her name ?

Yes but children under age 18 will need permission of both parents before being able to legally change their name.

What is the purpose a separation agreement and what does it include ?

There are situations where a married couple decide to stop short of divorce, such as if there may be a prospect of resolving differences in the future or where a divorce is not available, such as if none of the divorce grounds are available. In those circumstances a separation agreement generally includes :-

• Agreement to live separately
• Financial support provisions which can include maintenance but note that an agreement not to apply to court in the future for financial support is not binding legally
• Contact arrangements for any children.

What are common and/or legal reasons for contesting a will ?

• The will was signed under undue influence, for example the deceased was pressured into signing the will.
• The will does not reflect the wishes of the deceased because it was drafted negligently or not according to correct instructions.
• The deceased lacked the necessary mental capacity to sign or to give instructions for a will, e.g. the person was suffering from dementia or a similar mental illness when the will was made
• The will is not legally valid, such as not being signed and/or witnessed properly, which is a common problem with homemade wills

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