Family Law Essay Example | Topics and Well Written Essays - 2250 words

Family Law - Essay Example are treated slightly better than unmarried fathers when it comes to issues regarding the children, however when relationships break up it is generally the father that loses contact with the child or is restricted in the amount of contact they can have. Infrequently fathers are given preference over mothers in residence orders6. In general terms the courts have to have substantial proof that the mother is incapable of looking after the child before an order is made for the father to have care and control of the child. In the UK fathers can acquire parental responsibility either by being married to the mother of the child at the time that the baby is born or by the registering of the child jointly with the mother. Married fathers are entitled to register the birth of the baby without the mother being present and will be automatically entered onto the birth certificate of the child even if they are not present when the child is registered. Unmarried fathers will only appear on the birth certificate if the mother of the baby agrees to the father’s name been entered on the birth certificate. Since the introduction of the Adoption and Children Act 2002 an unmarried father can have parental responsibility if his name appears on the register of births. The effect of the 2002 Act led to the Children Act 1989 being amended so that there is no longer a requirement that the father has to prove his genetic fatherhood in order to be entered on the birth register. The acquisition of parental responsibility entitles the father to the right of consultation with regard to any decisions that are to be taken in respect of the welfare of the child7. In cases were the mother is incapable of caring for the child a father with parental responsibility can apply to the courts for a residence order whereby the court can insist on the child residing with the father8. In such cases the court can sometimes grant a joint residence order which giving the mother and father equal rights over