It is not uncommon for separation to result in children spending more time with one parent than the other. The parent who has the child for the majority of the time is referred to as the resident parent while the other parent is referred to as the non-resident parent. If you are no longer living in the same household as your child due to separation and you have become the non-resident parent then you may wonder what rights you have.
What does being the resident parent mean?
The resident parent is the primary carer of a child, generally caring for the child for more than 50% of the time. Despite this, it is important to remember that when both parents share parental responsibility for a child; they are both responsible and have the right to make decisions concerning the child’s care and general upbringing. These decisions should be made jointly between those who share parental responsibility.
What does non-resident parent mean?
On the other hand, the parent with whom the child spends less than 50% of their time is referred to as the non-resident parent. It is important to note that being a non-resident parent does not mean you lose your parental rights or responsibilities.
What are my legal rights if I am a non-resident parent with parental responsibility?
Non-resident parents who have parental responsibility for a child have exactly the same rights as the other parent with parental responsibility which include but are are not limited to:-
- The right to spend time with their child
- A duty to maintain their child
- Decision-making (from choosing a school to consenting to a medical procedure).
Equal shared care arrangements
Parents can also reach an agreement whereby the child or children’s time is divided equally between both parents; for example by way of a week on/ week off arrangement. This arrangement will not be suitable for all families, for example if one parent works long hours or lives further away from school.
What happens if the non-resident parent doesn’t have parental responsibility?
Parental responsibility is defined as:-
A non-resident parent who does not have parental responsibility still has an obligation to support their child financially. This is known as child maintenance.
A mother automatically acquires parental responsibility upon the birth of a child. A father will automatically have parental responsibility for a child if he is married to the mother when the child is born.
An unmarried father can acquire parental responsibility if he is registered as the child’s father on the birth certificate; by entering into a parental responsibility agreement with the mother; or by obtaining a parental responsibility order from the Court.
There are other ways in which a person can acquire parental responsibility for a child and you should seek legal advice if you are unsure as to your position.
Contact us
If you require further advice in relation to any issues discussed above, please do not hesitate to get in touch and to speak with a family lawyer.