Parental Responsibility… what is it?
What is it?
Parental responsibility is concerned with the care and upbringing of a child until they grow up.
It pertains to all rights, duties, powers, responsibility and authority that, by law, a parent has in relation to their child and their child’s property. This also includes guardians.
Parental responsibility exists for the benefit of the child, not the parents, and are justified only if they can enable the parents to perform their duties in respect of the children.
Who has Parental Responsibility?
A mother automatically has parental responsibility for her child from birth.
A father usually has parental responsibility if hes either:
- Married to the child’s mother
- Listed on the birth certificate
An unmarried father can get parental responsibility for his child in 1 of 3 ways:
- Jointly registering the birth of the child with the mother (from 1 December 2003)
- Getting parental responsibility agreement with mother
- Getting parental responsibility order from a court
Parental responsibility can be applied for if you do not automatically have it.
In England and Wales, both parents have parental responsibility if they are married when the child is born or is they’ve jointly adopted the child.
Same sex partners will both have parental responsibility if they were civil partners at the time of treatment (eg, donor insemination or fertility treatment).
Scope of Parental Responsibility
There is not a precise list of what is included in parental responsibility, but some duties and responsibilities include:
- Providing a home
- Protecting and maintaining the child
- Discipline
- Contact with the child
- Education
- Religious upbringing
- Consenting to medical treatment
- The child’s surname
- Representing a child in legal proceedings
- Appointment of a guardian
- Removal of the jurisdiction and consent to the child’s emigration
- Consent to marriage
- Burial or cremation of a deceased child
How does this work for separated parents?
If you have parental responsibility but do not live with your child, it does not mean you have the right to spend time with your child. However, the other parent must include you when making important decisions about their lives.
You do not always need to get the consent of the other parent for routine decisions, even if they also have parental responsibility.
If it is a major decision in respect of the child (ex: if one party wants to move abroad with the child) both parents with responsibility must agree in writing.
What happens if parents cannot agree?
You can apply for a Specific Issue Order or a Prohibited Steps Order in respect of a specific decision. A judge will then make a decision which is in your child’s best interests.
Bond Adams LLP
If you are looking for further advice and assistance, then we here at Bond Adams LLP can advise and empower you, to understand your options and any decisions about your future. Our lawyers are highly trained to support you and provide you with the best outcome you can possibly have.
Contact us
BOND ADAMS SOLICITORS
RICHMOND HOUSE
94 LONDON ROAD
LEICESTER
LE2 0QS
0116 285 8080
Our Specialist:
Rafique Dawood Patel
Hannah Patel – Bhundia
Alternatively, Speak with any member of our family law team.
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My name is Louise and I am the Digital Marketing and Administrative Assistant at MyBump2Baby. I have been writing in the parenting niche for over 2 years specialising in fertility, pregnancy, baby and baby name support articles.