Separated and Divorced Parents
Married parents are automatically joint guardians of their children. Neither separation nor divorce changes this. By law, an unmarried mother is the automatic guardian of a child born outside of marriage. In some circumstances, unmarried fathers have automatic access. The service should be informed about access rights. Unmarried fathers will automatically become guardians of their children if they meet a cohabitation requirement. An unmarried father who cohabits for 12 months with the child's mother, including 3 months following a child's birth, will automatically become the child's guardian. This provision is not retrospective, so guardianship will only be acquired automatically where the parents live together for at least 12 months (applies to children born after 18 January 2016
We cannot refuse either parent to collect their child unless a court order is in place.
We ask that parents/guardians give us information on any person that does not have legal access to the child.
Where custody of a child is granted to one parent, we would ask you to clarify the circumstances with us. This information will remain confidential and will only be made known to the relevant staff. If there is any legal documents i.e. custody order, barring order in place, we would ask you to provide us with a copy to keep on your file. This will be returned to you whenever care for your child ceases.