This blog is part one of two, outlining everything you need to know about parental responsibility, who has it and how you can obtain it.
The law says that parental responsibility (or P.R. as it is often referred to) consists of "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."
This means that a person with P.R. will be able to make decisions about a child's life, from choosing their name and registering their birth to where they live and what welfare they should have. This includes what religion a child should follow, what school they should go to and what medical treatment, if any, they should have.
Who has parental responsibility for a child?
The mother of a child will always have P.R. for her child. If a child's parents are married when they are born, both of the parents will automatically have P.R. for the child.
If the child’s parents are not married when the child is born, only the mother automatically has P.R. A father can acquire P.R. after the child’s birth if he:
- Marries the mother;
- Is registered as the child's father on the birth certificate if the child was born on or after 1 December 2003;
- Enters into a P.R. agreement with the mother;
- Obtains a court order granting him P.R.;
- Is named in a child arrangements order as a person with whom the child is to live;
- Is named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact and the court decides that it would be appropriate to make a P.R. order in his favour.
What if you’re not the biological parent of the child?
You don’t have to be the biological parent of a child to obtain P.R. For example, if a person adopts a child or obtains a Child Arrangements Order naming them as a person with whom the child is to live, they will have P.R.
A step-parent can also acquire P.R. for a child if they are married to, or the civil partner of, one of the biological parents of the child who has P.R. They can also gain P.R. by either:
- Entering into a payment responsibility agreement with the parent (if that parent has parental responsibility) or both parents (if both parents have P.R.);
- Obtaining a court order granting P.R.
- Obtaining P.R. through a Child Arrangements Order.
Can more than one person have parental responsibility for a child?
More than one person can have P.R. for a child at the same time, and a person with P.R. does not lose it just because another person acquires P.R. In a case where a married couple has a child and go through a divorce at a later date, both parent’s still independently have P.R. of a child, even though they are no longer married.
If more than one person has P.R. each can act independently. There are exceptions to the rule, for example, if one parent wishes to take their child out of the UK while he is under 16, it will require consent from the other biological parent with P.R.
Some decisions in relation to a child require all those with P.R. for the child to have been consulted for example:
- The school that the child is to attend;
- Planned medical and dental treatment beyond routine check-ups;
- Circumcision and sterilisation;
- Immunisation against childhood diseases;
- Changing the child's surname.
- Relocation to another part of England and Wales or overseas.
How we can help?
Parental responsibility is a complicated area of family law, especially when there are more than two parents involved.
Broudie Jackson Canter understands that legal advice involving your children will be the most important advice you will ever seek.
If you need legal advice on parental responsibility, please do not hesitate to contact our Family Law solicitors to find out how we can assist you. Please click here for a call back or message us your enquiry.