Whereas when a married couple have a child, both parents automatically have equal parental rights and responsibilities. This is not the case for co-habiting partners.

If a child is born to an unmarried couple, those rights and responsibilities only automatically belong to the mother. The father will only automatically be presumed to have such parental rights and responsibilities if he has been named on the birth certificate of the child.

Failing that or an agreement between the parties, the parents may need to apply to the family courts for assistance.

The courts can make exactly the same range of orders in relation to children of cohabitees as they can for those of married couples. The courts also adopt the same approach when considering applications, by asking if the order applied for is in the child’s best interests and welfare.

Your next step

If you are involved in a dispute over a child with an ex-partner, contact us to have a confidential discussion with a member of the family law team. They will ask for some details of your case and advise you on whether we can help and what options you have available to you. 

To contact us:

• Fill in our online enquiry form

• Call us on 020 7485 8811.
  

Details of the whole family team are available on the family law teams’ page.

The family department is recommended as a leading firm in independent legal directories Chambers & Partners and Legal 500.

Chambers & Partners also recognise us for our excellent client services. Members of the family team are also singled out as leading individuals.