2.2 Objectives
In relation to the aims in 2.1, the proposal objectives are as follows;
- To show that the current legislation should be changed
- Current legislation does not reflect today’s society needs.
- To encourage more research on the topic, as a lot of research is currently outdated.
- To display the differences in today’s family structure.
- Evaluate research done by others.
3.0 LITERATURE AND RESOURCES REVIEW
3.1 A review of the resources and literature
The current law relating to the parental rights of unmarried fathers is a complex one. Fathers who have children born after 1st December 2003, and whose name appears on the birth certificate have parental rights and responsibilities. However a number of fathers are out with this criteria, in which they face a different position. If the father was cohabiting with his partner and children, but a separation occurs, they may have no legal rights whatsoever.
On the 4th May 2006 the Family (Scotland) Act 2006 came into force with the purpose that it “was aimed at ensuring children are protected whatever form their family takes”. Looking specifically at section 23 of the act it talks of an unmarried fathers rights in relation to children. It gives unmarried fathers parental responsibilities and rights by amending section 3 of the Children (Scotland) Act 1995, so that if the father;
- Is married to the mother at the time of conception
- Is registered as the child’s father in a UK register of birth
It allows him to obtain parental rights and responsibilities, unless they are otherwise removed for another reason by the courts.
You might think that father's parental rights are reasonably straight-forward. Certainly the media would have us believe that fathers are being increasingly encouraged to take on responsibilities for their children's upbringing. If a couple are not married the unmarried father may possibly get a surprise when it comes to paternity rights. Unlike mothers, fathers do not always have 'parental responsibility' for their children. With more than one in three children now born outside marriage, some parents may be unclear about who has legal parental responsibility for their children.
The situation on parental responsibility is well summarised in the Lord Chancellor's Department consultation paper issued March 1998. It talks of a position that all mothers married or unmarried have automatic parental responsibility. Married fathers have automatic parental responsibility whilst unmarried fathers do not. Unmarried fathers can, by a variety of means acquire parental responsibility, by agreement, court order, residence order, or by marrying the mother. The key point made is that the onus is on the unmarried father himself to acquire parental responsibility. The issue is whether this situation should continue, whether parental responsibility should be given in certain circumstances or whether it should be given automatically.
The case of RD v Children’s Reporter, it displays some of the current issues of parental rights and responsibilities. The case investigates a father trying to obtain parental rights for his child, but he accumulated several difficulties involving, firstly Welsh laws due to the child moving home, and secondly was restricted due to the current Scottish legislation. The father found it difficult to prove himself being a relevant person to the child, hence the case being dismissed.
4.0 DEVELOPMENT OF RESEARCH
In 1996 statistics regarding parenting were taken in order to assess their current situation. Over 230,000 babies were born to unmarried parents, were 3000 made agreements on rights and approximately 5500 fathers got court orders for parental responsibility. This resulted in a number of fathers not having the responsibility they would have liked and the amount of times this was taken to the court provoked a proposal for a change in the legislation.
In September 1999 there was an investigation done within Cambridge university, it looks at married and unmarried fathers view of their rights and responsibilities. This research showed that three quarters of all fathers that took part never knew there was any legal difference. This proposed change within the law, and to further investigate the restrictions the law imposed on families. What we categories as a family has changed, mostly the increase in the amount of cohabiting couples who become parents without marrying. About two decades ago this would have been rare, however at present 28% of babies are born to unmarried parents who register the birth together.
There have been amendments made to the current legislation in section 37, subsections (2) and (3) of section 23 of the Act amend the Children (Scotland) Act 1995. The amendment in subsection (2)(b) gives parental responsibilities and parental rights to unmarried fathers who, in the future, register the birth of their child jointly with the mother. The registration must however be under one of the provisions referred to in subsection (3). At present, a father will only automatically acquire such responsibilities and rights if he was married to the child's mother at the time of conception or subsequently. In section 39, Subsection (4) makes it clear that a man whose child's birth was registered under any of the provisions for registration referred to in subsection (3) before section 23 comes into force will not gain parental responsibilities and parental rights as a result of the amendment made to the Children (Scotland) Act by subsection (2)(b).
Angela Cleland, the convenor of the child law centre in Edinburgh said she thinks proposed changes to the law would benefit children that were involved. She quoted;
“I know that many clients I have come up against think that because their name is on the child’s birth certificate they have some rights, which they don’t. If they have been involved with the child’s life that seems to them very wrong and very unfair, and the centre would agree with them.”
5.0 METHODOLOGY
5.1 Research methodology
In exploring the options of research methods, many were found. However through an investigation analysing feasibility, limitations and relevance of results, this can be limited.
Questionnaire
Advantages
- There is no limitation on who you can send a postal questionnaire to.
- It is easy to focus on a set target of people, organisations e.t.c.
- You need compile one questionnaire, which is simply copied for all recipients.
- The responses are gathered in a standardised way, so they are more objective.
- It is generally quick to collect information using a questionnaire.
Disadvantages
- Questionnaires occur after the event, so some important issues can be forgotten.
- Questions are standard, so there is no explaining, this can cause misrepresentation.
- Open ended questions can result in a large amount of data, hard to decode.
- Some people might not be interested in responding or revealing information.
Interviews
Advantages
- The interviewee can provide more in-depth and elaborated answers.
- Face to face interviews allow reactions and hesitations to be noted.
- Personal experiences are easer to speak about, as oppose to write about.
- The interviewee may feel an interview is more personally based.
- The interviewer can if necessary add additional questions that may occur.
Disadvantages
- Difficult to arrange
- Hard to get a large amount of interviewees
- Costly
- Time consuming
- Suitable location to commence the interview, for both the interviewee and interviewer.
- Hard to decode the information to create statistics.
- Must be organised well in advance
- Managers and company directors are generally very busy so hard to get to agree
Historical research
Advantages
- This provides information for comparison.
- Gives data to be analysed and to use as a proposal for change.
Disadvantage
- This information can prove to be hard to obtain.
- This can be time consuming to research.
- Can surface irrelevant information.
Case analysis
Advantages
- Gives real life situations to work with
- Factual information spoke by judges
- The likelihood of success in a case
Disadvantages
5.2 The choice of methodology
The method chosen is very important as it will determine the approach of the proposal. The amount of data must be taken into account, and the skills available in performing the research. The best possible methodology would be interviews, as the information we require is personal and can involve a number of emotional experiences. This kind of information is hard to obtain from questionnaires as closed questions tend not to give a lot of information and with open questions people tend to not go into enough detail. Interviews would give the opportunity to add additional questions and analyse emotions which would be useful.
6.0 FEESAILITY AND LIMITATIONS
6.1 An analysis of the feasibility of the research proposal
There are a number of ways we could occur problems throughout the research due to limitations and the feasibility of certain things. When doing a research proposal it must be reflective of the limitation. These should be discussed and analysed in advance, in order to show a plan of using the funds and resources. A list of these are specified below;
Cost - the amount of funds that are available in order to carry out the research.
Methodology restrictions - the cost of the research method it must be feasible, the experience needed on carrying out the specific type of research chosen must be available
Time - the available amount of time allocated to perform the research, and if the methodology proposed can be done in necessary time.
Availability - if the data required is available to access to analyse and obtain.
Travel - if it is possible to travel to the locations needed in order to access the data.
Workers - the amount of workers that are needed to carry out the required work and if they are available to use.
6.2 The research development timetable
In year one - Discuss objectives, timetable, feasibility and research study
In year two - Data collection and analysis
In year three - finalise, and complete
7.0 ETHICAL ISSUES
7.1 A discussion of ethical issues
There could be a problem retrieving information about births from the NHS, due to the fact we are not part of the hospital and information will be private. This might restrict the amount of information regards to who has signed a birth certificate, and if they were both present e.t.c. Asking people for private information about their family life and how they feel about their parental issues, so people could feel reluctant to give you information.
Receiving information about children is additionally restricted, as parental consent must be given and information on children can be protected. Children’s view may be useful in this proposal although they are hard to obtain.
8.0 SUMMARY
8.1 Conclusion
The current law on parental responsibilities is unsatisfactory, as all parents should be allocated parental responsibility as a matter of definite. Any changes made should be to the advantage of married, separated, divorced or co-habiting fathers. If these changes occurred it should reflect the current family situations, and allow family structure to be took into account.
9.0 BIBLIOGRAPHY/READING LIST
9.1 Books
A.Burgess (1997). Fatherhood Reclaimed; the making of the modern father. Vermillion.
H. Conway. (1996). Parental Responsibility and the Unmarried Father. New Law Journal 31.5.96
9.2 Websites
www.
www.icbl.hw.ac.uk
9.3 Legislation
Children(Scotland) Act 1995
Family(Scotland) Act 2006
9.4 Reading List
L Burghes, L. Clarke and N. Cronin. (1997). Fathers and Fatherhood in Britain. Occasional Paper 23. Family Policy Studies Centre.
P. Townsend and A. Baker. (1998). Unmarried Fathers - Are we ending Discrimination at Last ?. Justice of the Peace. 28.3.98. Vol. 162. . No. 13
9.5 Other sources
Shared Parenting Information Group (SPIG) UK
RD v Children’s Reporter
Lord Chancellor's Department consultation paper issued March 1998
9.6 Word Count
2297
Consolation paper issued, Procedures for the determination of paternity and on The law of parental responsibility for unmarried fathers