My rights!
“But it’s against my rights as a mother / father!”
How many times do we read that?
If you’re a part of the many parenting or family court groups out there on Facebook and other social media then I’d wager the chances are that you read it a lot.
Parental Responsibility came into existence as part of the children act 1989, and the key word in that is responsibility, which is what we have, not rights - at least for the most part.
When considering child matters the court’s primary focus is the welfare principle. S1(1) CA1989 states “the child’s welfare shall be the paramount consideration” in all proceedings which affect them.
It is difficult to see how that can be compatible with our parental rights (such that they exist). If we reflect on the European Convention of Human Rights (of which we are still a part, even post Brexit), article 8 of the ECHR states that we have the right to respect for private and family life.
Where there is a conflict of rights (father, mother, children) - rather than seeking a balancing of interests, matters will be decided in favour of the child. This is seen as a justified interference with parental rights by the family court of England and Wales.
If you find yourself thinking that your rights as a parent aren’t being considered, check first that maybe it’s because the child‘s interests are being put first.
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