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Do Mothers Really Have More Rights Than Fathers?

on Wednesday, 24 April 2019.

A judge's order for an eight year old boy to move to live with his father, instead of his mother, has made news.

This is positive, the outcome shows that best interests of the child were the paramount consideration and recognises the important role a father has in bringing up a child.

However, it remains a common misconception that mothers have more rights than fathers. In fact, if each parent has parental responsibility for a child, their rights and responsibilities are equal. Upon relationship breakdown and unless there is a court order to the contrary, there is no presumption that a child should live with their mother, nor can a mother unilaterally make decisions in relation to the child. The paramount consideration of the court is the child and their best interests.

Despite the law being clear, in practice we see many fathers struggling to simply be a father to their children due to opposing mothers.

This case is a step in the right direction but there is a still a long way to go before fathers and mothers are viewed equally in society. If a judge made a ruling for a child to live with their mother, would this have made news?

If you are a parent struggling to see your child, please get in touch with family law specialist Sam Hickman on 0117 314 5435.