For any application involving the care of children, you will also need to make an application in the District Court office where you will have to complete a Statement of Arrangements. This is a document which sets out details of the current care of the children so that the judge can have this to hand to help them make their decision.
What is Custody?
Custody means having responsibility for the day-to-day of children. There are two categories of custody:-
Sole custody means the situation where one parent or person appointed by the Court is responsible for the child’s day-to-day care.
Joint custody means the situation where both parents or two people appointed by the Court are responsible for the child’s day-to-day care. If joint custody is not to be shared equally, agreements can be made about who will be the primary carer of the child. The primary carer is the person who has the most parenting time with the child.
Guardianship
Guardianship is the legal responsibility of a person to perform duties regarding a child’s upbringing and welfare. This also includes the right to make decisions about major areas of the child’s life. Guardians have rights the may include decisions on medical treatment, passports and taking the child out of the country, religious upbringing and culture.
Passport issues
Situations can arise where you will need to go to Court and ask the judge to decide on specific issues surrounding a child’s passport. There are three main situations where you will need the Court’s intervention:-
- One guardian refuses to sign the application form. Both guardians need to sign the application form. If one guardian will not sign the form, you can bring an application to Court to dispense with the signature of the guardian who will not sign. This enables you to get a passport for the child.
- One guardian cannot be found. If you can’t locate the guardian who needs to sign the form, you can also bring an application to Court so that the passport can be obtained.
- Location of the passport. The Court can be asked to give a ruling on where the child’s passport can be kept which may involve it being held by the Court office. In those cases, the guardian who wants the passport will need to get the Court’s permission to use the passport and the Court will decide on permission depending on what is in the best interests of the child.
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