A recent episode of Coronation Street showed the separation of Tyrone and Fizz.
The background
In case you are not a Corrie lover, Tyrone and Fizz are not married and have had no children together. Tyrone had Ruby (born 9 September 2012) from a previous relationship, with Fizz having Hope (born 6 December 2010) also from a previous relationship.
Tyrone and Fizz have separated and initially Tyrone moved out of the family home, leaving Ruby and Hope with Fizz.
During a conversation with Fizz’s brother, Chesney, Fizz raised concerns that she would not want Tyrone to separate Ruby and Hope making it clear that, if Tyrone tried to take Ruby from her care, he would have a fight on his hands.
Can Ruby be removed?
The simple answer is yes. Ruby can be removed from Fizz’s care.
Fizz does not have Parental Responsibility for Ruby. She is not her birth mother, and it does not appear that steps have been put into place for her to acquire these rights and responsibilities. So, she has no legal right to keep Ruby against Tyrone’s wishes.
What if Fizz refuses to return Ruby, what happens next?
If families can reach an agreement for the arrangement of their children that that is the best outcome. The Courts do not like to get involved in arrangements for children, unless they have to. There is a No Order Principle within the Children Act which means that the law’s view is that it is better for a child to have no court orders made about them, however, it is not always as easy as it seems to reach an agreement.
The Courts, more than ever, are encouraging families to engage in Dispute Resolution processes such as Mediation. Save for a few exceptions, the Applicant (the one wanting to go to Court, usually the non-resident party) must attend a mediation information session before any application can be made at Court.
If Fizz and Tyrone cannot reach an agreement as to where Ruby lives, making an application to the Court for a Child Arrangement Order is the last resort. Child Arrangement Orders have replaced Child Contact/access and Child Custody/Residence Orders. Other orders are available such as Prohibited Steps Orders (to prevent one party from doing something that as a parent they would otherwise be entitled to do), or a Specific Issue Order.
Tyrone, who has Parental Responsibility, could make an application to Court for an Order that Ruby returns to live with him immediately.
As Fizz does not have Parental Responsibility for Ruby, her position is slightly different. She is entitled to apply for a Child Arrangements Order, even though she does not have PR, as Ruby has been living with her for more than 3 years. She could apply for an urgent order if Tyrone threatens to remove her from her care, however, to enable her to apply for a Prohibited Steps Order Fizz would have to apply for the court’s permission. If she is successful in securing an order, even if only a temporary one, that Ruby remain living with her, that automatically grants her Parental Responsibility and so she would then be able to apply for the Prohibited Steps Order.
At 9 years of age, Ruby is too young to vote with her feet and make the decision as to who she lives with. The Court would look at the circumstances as a whole and determine in their view what would be the best outcome for Ruby. Court proceedings are very uncertain. The Courts tend not to alter the status quo, however, they have to consider all relevant information before making a decision.
It could get very messy and complicated.
If you are unclear of your rights and responsibilities or need advice as to how to move forward, our experienced friendly family law team are here to support you. Contact us on 0114 218 4000 or via email at info@tayloremmet.co.uk to find out more for how we can help you to reach an agreement for the arrangements for your children.
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