Family Law: What is Parental Responsibility?
What is Parental Responsibility?
“Parental Responsibility” is a legal term which confirms your legal rights and duties when bringing up a child or children.
Whilst the scope of parental responsibility has not actually been defined in the Children Act 1989, the Family Court acknowledges that Parental Responsibility relates to the “global” upbringing up children, which can include, amongst other issues, choosing your child’s name, decisions in connection with your child’s education and what school they go to, decisions which affect your child’s health and medical matters, their religion and taking a child abroad for holiday.
Who has Parental Responsibility?
- Mothers automatically have parental responsibility.
- Fathers who are married to or in a civil partnership with the mother automatically have parental responsibility.
- An unmarried father has parental responsibility if they jointly registered the birth of their child and is named on the birth certificate if the child was born after 1st December 2003.
- Same-sex partners if they were civil partners at the time of the treatment, for example donor insemination or fertility treatment.
Who can get Parental Responsibility?
This list is not exhaustive, but can include:
- Un unmarried father who is not named on the birth certificate.
- Step-parents.
- A child’s carer (such as a grandparent).
- The Local Authority in Public Law Care Proceedings for a child.
How do I get Parental Responsibility if I don’t have it and need it?
This depends on your connection to the child.
- An unmarried father who is not named on the birth certificate if the child was born after 1st December 2003, can acquire parental responsibility by way of a Parental Responsibility Agreement with the child’s mother, or by application to the Family Court.
- A step-parent can acquire parental responsibility by way of a Step-Parental Responsibility Agreement, or by application to the Family Court.
- A child’s carer can apply through the Family Court for a Special Guardianship Order.
Examples of where a Parental Responsibility could be used (this list is not exhaustive):
- Grandparents can apply where:
- the granchild's parents are deceased
- the granchild's parents are no longer living together and are not caring for the child's needs
- Carers can apply where:
- evidence of child abuse or neglect of the child by one or both the parents (or partners)
- the welfare of the child is at risk
- Adults can apply where:
- they are a step-parent wishing to have joint responsibility for a child alongside their spouse/partner who is the child's parent
- Parents can apply where:
- they had previously had parental rights taken away from them, say, due to addiction, homelesssness or mental health issues where circumstances are now changed.
If you believe that you require any help or guidance in connection with issues relating to Parental Responsibility then Lawson West can help - Contact Us.
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