Parental Responsibility

What is parental responsibility?

The term parental responsibility is used to mean the legal rights, responsibilities, duties, and authority you, as a parent, have in respect of your child.

Who can apply for parental responsibility?

Children are young and vulnerable. They need someone who can think in their best interests and make decision on their behalf until they are mature enough to make those decision themselves. Although parents are expected to take on this duty, there not always fit for the job.

That's why the law permits other people other than a child's parents to obtain parental responsibility to ensure that the right decisions can be made for a child. People who can apply for parental responsibility include:

• Unmarried fathers
• Step-parents
• Grandparents
• Civil partners and same sex partners
• Local Authorities
• The Courts

What rights does parental responsibility give me?

Parental responsibility means that, by law, you're entitled to make important decisions about aspects of your child's life. This includes decisions about:

• Your child's education, and where they go to school
• The religion your child is brought up with (if any)
• Your child's health and any medical treatment they receive (such as vaccinations)
• Whether your child can leave the country, whether on holiday or to live permanently
• Changing your child's name
• Your child's dietary requirements, especially in accordance with your religion

Who has parental responsibility?

It is often assumed that a child's biological father automatically gains parental responsibility when a child is born. However, you only have parental responsibility if:

• You're the child's mother
• You're the child's father and were married to the child's mother at the time of birth
• You have legally adopted a child
• Your child was born after 1st December 2003, and your name is on the birth certificate

Fathers

You automatically share parental responsibility with the mother of your child if you:

• Were married to her at the time of the birth
• Were not married but are named as father on the child's birth certificate (for births registered after 01 December 2003

In all other cases, you have no automatic right to parental responsibility. However, you can get it by:

• Marrying the child's mother
• Applying for it via the courts
• Signing a parental responsibility agreement with the mother of your child

Step-parents (including unmarried partners)

As a step-parent, it's likely you and your partners child have developed a strong bond and usually contribute to the decision-making process when discussing their needs and requirements, yet you are unable to make these decisions alone. If you want to share parental responsibility your partners child, you will need to sign a formal parental responsibility agreement after obtaining consent from both biological parents.

Civil partners

Same-sex partners will both have parental responsibility if they were civil partners at the time of the treatment, for example donor insemination or fertility treatment

Non-civil partners

For same-sex partners who are not civil partners, the 2nd parent can get parental responsibility by either:

• Applying for parental responsibility if a parental agreement was made
• Becoming a civil partner of the other parent and making a parental responsibility agreement or jointly registering the birth

Surrogate parents

If you and your partner had a child via surrogacy, you'll need to go to court to apply for a parental responsibility order.

Grandparents

As a grandparent, you don't have automatic parental responsibility, so to obtain it you'd need to make an application to the court. You might want to seek legal parental responsibility because:

• Your grandchild is living with you
• There's a dispute about where the grandchild should live
• You have serious concerns about the child's welfare and how their parents are caring for them

What is a parental responsibility agreement?

This is a legal agreement made between the child's mother and either:

• The unmarried father
• A step-parent
• A second female partner

The agreement is to give them parental responsibility of the child, without the need to go to court for a parental responsibility order. Both parents must agree for it to be enforced.

What is a parental responsibility order?

If you and the other parent or step-parent are experiencing difficulties in coming to an agreement on whether they should have parental responsibility you can apply to the court for a parental responsibility order.

The court's main priority is to protect your child's welfare, so it will decide whether it's in the child's best interests for the other parent or step-parent to have parental responsibility. The court will consider:

• Why the parent is applying for parental responsibility
• Whether he or she has demonstrated the appropriate level of commitment to be granted parental responsibility
• The level of attachment between the parent and child

When does parental responsibility end?

Parental responsibility comes to an end:

• When the child turns 18
• If the child is adopted
• At the time of the parent's death
• If a parent obtained parental responsibility through a child arrangement order or a residence order (before April 2014) and:
  • The order has expired
  • A court has discharged it

Can a mother lose parental responsibility?

A mother can only lose her parental responsibility when other parents adopt her child. The court can restrict the use of parental responsibility by a court order.

Can a father lose parental responsibility?

It is possible for a father to lose parental responsibility of their child. The courts can make an order to remove a father parental responsibility or even place restrictions on it. This power varies and is dependent on whether the father is married to the mother.

If you are married to the mother of your child, the only way you can lose parental responsibility is if your child is adopted.

If you are not married to the mother of your child, you can lose your parental responsibility if your child is adopted or via court order which either terminates your parental responsibility or cancels/revokes and order that was initially granted to you.

The mother of your child or the Local Authority can apply to the court for your parental responsibility to be terminated. The court will do this only if it deems it's in your child's best interests to do so.

If you're an unmarried father and your parental responsibility was granted through a parental responsibility agreement or parental responsibility order, or through being named as father on the child's birth certificate, the child or any other person with parental responsibility can apply to the court to have it terminated.

If a court cancels or revokes an order that granted you parental responsibility

If you obtained parental responsibility through a special guardianship order or a child arrangements order named you as the person the child will live with, you can lose your parental responsibility if the court later cancels that order.

Who is responsible for paying child maintenance?

As a parent, you have a duty to financially maintain your child until they are at an age where they can do it themselves. This duty remains present even if you do not have parental responsibility of your child. This is known as Child Maintenance or Child Support

Why choose Westridge Legal?

Our team of family lawyers are aware of the sensitivity and complexity involved in parental responsibility matters. We understand that every individual requires different care and are here to support you.

Our highly experienced lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.