Parental responsibility allows parents to make important decisions in relation to their child. Below our experts will discuss everything you need to know about parental responsibility.
What is parental responsibility?
Parental responsibility is defined in Section 3 (1) Children Act 1989 as:
“all the rights, duties, powers, responsibilities and authority that, by law, a parent of a child has in relation to the child and their property”
The term ‘parental responsibility’ aims to focus on the parent’s duties towards their child, rather than the parent’s rights over their child.
What does having parental responsibility involve?
When it comes to making decisions for the child, those who have parental responsibility have the duty to make decisions which should always be in the best interests of the child. In practical terms, this could include but is not limited to:-
- day to day decisions
- caring for the child and providing a home
- determining where the child should live
- choosing a nursery or school or other forms of education
- consenting to medical treatment or obtaining appropriate treatment for the child
- removing the child from the jurisdiction
- determining the religion of the child.
Who has parental responsibility?
A child’s biological mother automatically acquires parental responsibility for a child upon birth. Fathers married to the mother at the time of the birth will automatically have parental responsibility.
An unmarried father can acquire parental responsibility if he is registered as the child’s father on the birth certificate, by entering into a parental responsibility agreement with the mother, or by obtaining a parental responsibility order from the Court. There are other ways in which a person can acquire parental responsibility for a child and you should seek legal advice if you are unsure as to your position.
How is parental responsibility lost?
Parental responsibility ends once the child has reached the age of 18.
Parental responsibility also ends in the following circumstances:-
- where a court order is made terminating parental responsibility for reasons connected with the child’s welfare, adoption or surrogacy
- discharge of a ‘lives-with’ child arrangement order where that child arrangement order granted parental responsibility to a person.
Can parental responsibility be removed?
In practice, it is very rare for parental responsibility to be removed by the court. An order removing parental responsibility would only be made in exceptional circumstances.
If a court determines that a parent is having a negative impact upon their child’s safety and welfare, it can restrict that person’s ability to exercise their parental responsibility by making a child arrangements order, a prohibited steps order, or a specific issue order.
What are the next steps?
If you require further advice in relation to our blog, contact us to speak with a family lawyer for a 30-minute free initial consultation to get the advice you need in order to move forward.