What is Parental Responsibility and Do I Have it?
Parental responsibility is one of those phrases you only normally hear if you are going through a separation or divorce and you cannot reach an agreement with your former partner over child custody or contact arrangements. In everyday life, you are not normally concerned about responsibilities or rights as you just muddle through and do your joint best to parent.
In this blog, our family law solicitors look at what parental responsibility means and set out the circumstances where you and your ex-partner have parental responsibility.
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For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form .
What is parental responsibility?
Parental responsibility is the responsibility in law that a parent or other person or certain organisations legally have for a child.
The Children Act 1989 defines parental responsibility and says who has it. The important point is that parental responsibility can be shared by several people or with an organisation. For example:
- If your child moves to live with their grandparents and they apply for a child arrangement order the grandparents will have parental responsibility for your child for the duration of the child arrangement order
- If your child is made the subject of a care order by the local authority, then the local authority will obtain parental responsibility for the child and will share it with anyone else who holds parental responsibility
Those with parental responsibility for a child have the right to make important decisions for the child and to say how the child should be brought up. In addition, if you have parental responsibility, you have a right to:
- Information, such as school reports or information from doctors or hospitals
- Be informed about court proceedings concerning the child and play a part in the court application
If there is more than 1 person with parental responsibility for a child, and you cannot reach an agreement over a parenting issue, then a court application can be made for a specific issue order or prohibited steps order. The court will then decide the dispute based on what is thought best for your child.
Do biological parents always have parental responsibility for their children?
Most, but not all, biological parents have parental responsibility for their children. All mothers have parental responsibility for their children unless their child is made the subject of an adoption order or a parental order (made after a surrogacy arrangement).
A father has parental responsibility for his child if he was married to the mother at the date of the child’s birth or he got married to the mother after the child’s birth. Parental responsibility is not lost on divorce or if a child arrangement order is made giving custody to the mother.
An unmarried father of a child born after 1 December 2003 has parental responsibility for the child if he is named on the child’s birth certificate. If an unmarried father is not named on their child’s birth certificate, they can get parental responsibility by:
- Signing a parental responsibility agreement with the child’s mother or
- Obtaining a parental responsibility order from the family court
If you are an unmarried father who wants parental responsibility our specialist family solicitors can help you secure parental responsibility by agreement or by applying for a court order.
Whether or not a biological parent has parental responsibility for their child they are still liable to financially support their child. If child support cannot be agreed then the parent with the care of the child can ask the Child Maintenance Service to assess child support.
Does not having parental responsibility affect my ability to get custody or contact?
If you do not have parental responsibility for your child then it should not affect the court’s decision on whether your child should live with you under a child arrangement order or the amount of contact you should have. That is because the court’s decisions on custody and contact are based on the arrangements that the court believes will be in your child’s best interests.
Although not having parental responsibility will not stop you from getting a child arrangement order, family law solicitors say it is best to get parental responsibility if you are an unmarried father whose name does not appear on your child’s birth certificate.
Disputes over parental responsibility
If you share parental responsibility with the other parent, you may not be able to agree on all important parenting decisions. For example, over medical treatment and vaccinations or the choice of school or your child relocating overseas with the other parent. If you cannot reach an agreement on a major parenting decision then one of you can apply for a specific issue order so the court determines the issue that you cannot agree on.
Questions on parental responsibility
If you have questions on parental responsibility or want more information on your rights as a parent then our specialist family law solicitors can help answer your questions and advise you on applying for parental responsibility, specific issue or child arrangement orders.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form .
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