Parental Responsibility - What Is It? Your FAQs Answered
Parental responsibility refers to the legal rights and responsibilities that mothers and fathers have towards their children.
Under section 3 of the Children Act 1989 parental responsibility is defined as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.”
What are parental responsibilities?
Primarily parental responsibilities include providing a home for children, protecting them and maintaining them. Those with parental responsibilities are also responsible for choosing a child's name, deciding which religion they are a part of, deciding what schools they attend, consent to medical treatment, care of their property, and discipline of the child.
Who has parental responsibility?
A mother automatically has parental responsibility for a child when she has given birth to them.
A father has parental responsibility if he is married to the mother at the time she gives birth to a child [Note: in Scotland a father has parental responsibility if he was married to the mother when the child was conceived], or if his name is on the child’s birth certificate.
Same-sex couples both have parental responsibility if they were civil partners at the time of donor insemination or fertility treatment.
If a couple jointly adopts a child then they both have parental responsibility.
How can I get parental responsibility for a child?
Since 1st December 2003 it has been possible for a father to jointly register the birth of a child with the mother. However, if an unmarried father is not named on the child’s birth certificate he can get a parental responsibility agreement with the mother, or obtain a parental responsibility order from a court.
For same-sex couples the partner who does not give birth won’t automatically be granted parental rights, and they may need to obtain the biological mother’s consent as well as making an application to the court, before being registered as a parent on the birth certificate.
Does separation or divorce affect Parental Responsibility?
No, if both parents had parental responsibility before a divorce or separation then they keep parental responsibility after the divorce or separation.
It is important to note that parental responsibility does not mean that a parent has a right to spend time with a child. They should however be consulted over significant decisions (such as change of name, schools that they attend, medical treatments).
If parents are unable to agree on a specific issue then they can apply for a ‘Specific Issue Order’. They may be required to attend a mediation information and assessment meeting (MIAM), before this.
When does parental responsibility end?
Parental responsibility usually ends when a child turns 18.
Exceptions to this include:
- removal through an application to the court [Note: these cases are rare and only successful in exceptional circumstances]
- if a child is made subject to an Adoption Order
NOTES:
A parent has an obligation to make sure their children are financially supported, whether they have parental responsibility or not.
Issues around parental responsibility can be sensitive and emotional to deal with. We are experienced in these aspects of Family Law and would be happy to offer guidance if you are experiencing difficulties resolving issues regarding parental responsibility.
If you have questions or issues around parental responsibility for a child, then call us today and book your FREE initial consultation on one of the following numbers:
Bingley 01274 723858
Ilkley 01943 601173
Bradford 01274 735511
