Parental Responsibility
The 1989 Children Act aimed to clarify and modernise the law regarding children.
One of the main new concepts introduced by the Act was that of Parental Responsibility. This is the legal term which emphasises that the duty to care for one's children and to raise them to moral, physical and emotional health is the fundamental task of parenthood. It means that parents have duties, as well as rights.
The list of duties involved includes care and control of the child, discipline, protection financial support, secular education and religious upbringing, medical treatment, consent to marriage and burial or cremation in the event of the death of a child.
All married parents of children (whether born before or after the marriage and including adopted children) automatically acquire Parental Responsibility. An unmarried mother automatically has Parental Responsibility but an unmarried father does not unless his name is recorded on the child’s birth certificate where the child is born after the 1st December 2003
There are now a number of ways in which a father can acquire PR for his child.
- A Parental Responsibility Agreement which has to be registered at the Royal Courts of Justice after it is witnessed by a court official.
- A Court Order for Parental Responsibility which has to be approved by a judge after an application to the court by the father and can be made either with the consent of the mother or at the discretion of the court, if the mother objects.
- Parental Responsibility can also be granted to people who are not the natural parents of a child. Anybody whose care of a child is court approved by the making of a residence order automatically acquires Parental Responsibility.
- In addition, adopters and guardians are given Parental Responsibility and in some circumstances it is granted to local authorities or even the courts.
Many parents believe, mistakenly, that living together does give a father Parental Responsibility. This is not true.
Believe it or not Parental Responsibility is a relatively new concept and is still under examination by the courts. One problem area is whether one person with Parental Responsibility has to consult any other(s) about important decisions affecting a child’s life, such as changing schools, agreeing to medical treatment or moving home, especially abroad.
The current view of the courts is that if there is any doubt or conflict it is probably advisable to seek written permission or apply for a court order.
If you are a parent or the carer of a child and you do not have parental responsibility, then we can advise you in order to clarify your situation
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