Client Information: Parental Responsibility
Last updated: 04/2008
What is it?
Parental responsibility is the legal name for a parents right to make decisions about the child. This includes for example, decisions about:
- Their education.
- Health.
- Religion.
- Where a child should live.
- Whom they should see.
Each parent who has parental responsibility is entitled to make decisions about the child independently of each other, although they should always try to consult each other when making important decisions.
If those with parental responsibility cannot agree on a very important issue it is possible to ask the court to decide what is best for the child. However the court always prefers parents to reach a decision between themselves without a court order is possible. If the parent has parental responsibility but is not caring for the child, they cannot interfere with day-to-day decisions. These should be left to the person with whom the child is living. However, anyone with parental responsibility is entitled to have information about a child from his or her school or doctor and can request this. Any person with parental responsibility can also have consent to medical treatment on behalf of the child.
Unless the person with whom the child is living has also has a residence order and therefore is able to take the child out of the country for up to a month without anybody else's permission, a child cannot be taken abroad without the permission of all those people who have parental responsibility of the child.
Who has parental responsibility and how can you get it?
All mother automatically have parental responsibility. Married fathers also automatically have it. Unmarried father however do not. A father can obtain parental responsibility either by signing an agreement with the child's mother or by asking the court to make an order.
If the mother agrees, then both parents can simply complete a form and take it to the family court to be signed and witnessed. Each parent must have some form of identification with him or her, which has a photograph on it (for example a passport). The mother should also have the child's full certificate. The form does not need to be signed by both parents at the same time. Once the form has been signed by both parents it must be sent to the Principal Registry of the Family Division to be lodged. Once it has been lodged it becomes effective.
If a mother does not agree to the father having parental responsibility, the father can make an application to the court. It would be extremely unlikely for the court not to give a parental responsibility order. The court will look at the relationship between the father and the child and also the father's commitment to the child. Only if a father has been extremely irresponsible and/or has had minimal contact with the child, will the court refuse to make a parental responsibility order. In recent years, the courts have become increasingly reluctant to not to grant parental responsibility to anyone who is not the natural father. There has to be a very good reason why it is not in the child's best interests.
The courts can take parental responsibility away in extreme circumstances.
On of the aspects of parental responsibility is that it can be shed by any number of people, depending on the circumstances. However, the person with whom the child lives has day-to-day responsibility and makes day-to-day decisions. The courts make it clear that other people with parental responsibility should not interfere with these decisions made by the person with care and doing so is an abuse of parental responsibility.
Other orders which grant parental responsibility.
If the court grants someone a residence order for a child, which automatically gives parental responsibility for the length of time the residence order is in effect. A parent can be granted a residence order, but so can other people, for example foster parents, grandparents, other relatives etc.
If the local authority are granted a care order for a child, that automatically gives parental responsibility as well as the mother and the father if he already has parental responsibility for the child.