The Matrimonial Clauses Act of 1857 gave men the right to divorce their wives if they had committed adultery although women did not have the reciprocal right. Once divorced any children of the marriage became the property of the husband.
The Children Act 1989
According to The Children Act of 1989 the welfare of the child is paramount. Contact replaces the word access and custody is replaced by residence. The Act is concerned with the responsibility of parents rather than their rights.
Mothers automatically have parental responsibility. If the parents were married at the time of the birth then both have parental responsibility and, if a child was born after first of December 2003 and the father is named on the birth certificate then he will also have parental responsibility for that child regardless of the fact that he may or may not have been married to the mother at the time of the birth.
A father can acquire parental responsibility either by formal agreement with the mother or by a court order.
Parental responsibility defines the rights and duties of parenthood as follows:
Protecting and maintaining your child.
Naming and choosing a school for your child.
Ensuring that your child attends school from the ages of five to sixteen.
Making sure that they receive medical treatment.
Appointing a guardian in the event of parental death.
Applying for a passport.
Representing your child.
Making a decision on where your child should live.
Deciding on your child's religion – if any.
Taking a child out of the country
Where both mother and father have parental responsibility, neither parent can take a child out of England, Wales or Scotland without the written permission of the other parent or that of the court. If a child is taken across an international border in contravention of a court order or without written consent from the other parent then it will be construed as abduction. Reunite is the leading charity dealing with international child abduction.