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?
Under section 3(1) of the Children Act 1989, parental responsibility is defined 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.’ This means, a person with parental responsibility is responsible for caring and looking after the child. This includes making day to day decisions which will affect the child and making decisions in respect of the child’s education, health and medical treatment.
A child’s mother will always have parental responsibility for their child. If the child’s parents are married or in a civil partnership when the child is born then they will both obtain parental responsibility for the child. However, if they are not married or in a civil partnership, only the mother will automatically have parental responsibility.
A father can acquire parental responsibility. This can be obtained in the following ways:
- If the father is registered as the child’s father on the birth certificate.
- If the father marries or enters into a civil partnership with the mother.
- If the father and mother enter into a parental responsibility agreement and the agreement is filed at court.
- If the father obtains a court order providing him with parental responsibility.
- If the father is named as a person with whom the child is to live with under a child arrangement order (CAO).
- If they become the child’s guardian or adopt the child.
Parental responsibility can come to an end in a number of ways, most commonly upon death of a parent who holds parental responsibility or if the child is placed for adoption. Parental responsibility can also end by court order.
Following separation, a parent may retain parental responsibility, but this does not mean that they are entitled to have contact with their child. If you have any questions in respect of the concept of parental responsibility or child contact matters, please contact our dedicated Family Law Solicitors at Martyn Prowel to discuss your matter further on 02920470909.