The concept of Parental Responsibility is often discussed during family proceedings; but what does it mean?; who has Parental Responsibility?; and how can it be removed?
What is Parental Responsibility?
Parental Responsibility is defined in UK law, under Section 3(1) of the Children Act 1989 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.”
Parental responsibility is focused on the legal duties of parents to their children as well as parents’ responsibility to make decisions relating to a child. This includes making day to day decisions and decisions around education, health and medical treatment.
Who has Parental Responsibility?
Mothers have automatic parental responsibility upon the birth of their child.
Fathers who are married to the mother at the time a child is born will also be granted parental responsibility automatically.
Biological fathers who are not married to the mother at the time a child is born, will not automatically be granted parental responsibility. However, they can acquire it in the following ways:
- Being named as the child’s father on the birth certificate
- Marrying or entering into a civil partnership with the mother
- Entering into a parental responsibility agreement with the birth mother.
- Being named by the court as a person with whom the child is to live with under a Child Arrangement Order (CAO) or obtaining a Parental Responsibility Order.
If married parents separate, this does not affect parental responsibility.
Same-sex parents will be automatically granted parental responsibility if they were civil partners / married at the time of treatment (e.g., donor insemination or fertility treatment). However, for same-sex partners who are not civil partners / married, the non-biological parent can gain parental responsibility by either:
- Applying for a Parental Responsibility Order
- Becoming the civil partner / married to the biological parent
- Jointly registering the birth
Step-parents, grandparents and extended family who may be considered as non-biological parents, do not automatically obtain parental responsibility. However, they can acquire parental responsibility in certain situations:
- Obtaining a Child Arrangements Order.
- Being legally appointed as a child’s guardian
- Obtaining a Special Guardianship Order from the Court
Local Authorities can also be granted parental responsibility through a Care Order.
Termination of Parental Responsibility
Parental responsibility can be brought to an end in a number of ways. The most common reason being the death of a parent. However, if there are very serious issues those with parental responsibility can have this removed if the court believes it is in the best interests of the child.
There have been calls for the Law to become ‘tougher’ with regards to restricting the rights of those with parental responsibility who have been given custodial sentences for serious crimes.
Imprisonment does not automatically restrict or remove parental responsibility and there has not been any statements issued by parliament in regard to changing this. Currently, the court can be invited to consider applications for either a Prohibited Steps Order or specific issue order which look to restrict / limit an individual’s responsibility.
Shared Parental Responsibility – Who makes the decisions?
When there is more than one person who has parental responsibility, they all must agree on decisions regarding the child. This is particularly important in cases where those with parental responsibility have separated. It is important to remember that decisions such as education, medical treatment and procedures, holidays, religion and changing a child’s name are decisions that need to be made jointly.
Should you require legal advice, please do not hesitate to contact our specialist Family Law Team and Martyn Prowel Gartsides Solicitors on 029 2047 0909 or 01633 213 4111 or via our website contact page. One of our highly trained and experienced members of the family law team will be willing to assist.