The welfare of the children of the family is the primary concern of the Court when dealing with any matters concerning children. It is always advisable for the parents of any child to agree residence and contact arrangements between themselves. However, where this is not possible the Court will decide on the issues in dispute.
It is a child's right to have a relationship with both parents but when one parent does not agree to allow the other parent contact to the child (for whatever reason) the other parent can make an application to the Court to re-establish contact. The Court will make a Contact Order which describes how often and under what circumstances the non-resident parent can see the children. If the child's welfare is a concern, the Court may order that a Court Reporter prepares a report for the Court on the issues of contact.
If the parents of the child are married then they both have equal parental responsibility in respect of that child which can be operated by them independently of each other. However, if the parties are not married then the sole parental responsibility vests with the mother unless the father has acquired it.
A child's name cannot be changed unless both parents with equal parental responsibility consent. However, an application can be made to the Court to deal with this and other issues. Either parent can make an application to the Court if negotiations fail. Other issues that can be applied for are a Prohibited Steps Order which is a list of specific actions that are not allowed and a Specific Issue Order to deal with issues such as schooling, religious upbringing and medical intervention.
Either parent can negotiate or apply to the Court for a joint residence order which means that both parents share parental responsibilities or alternatively a residence order where the child lives with one parent.