Parental Responsibility

It is all very well asking the question ‘’Do I have parental responsibility for my child?’’ but it is equally important to understand what parental responsibility means and what you can and can't do with it. In this blog we look at what parental responsibility is, who does and doesn’t have parental responsibility, what you need to do if you want parental responsibility and we answer frequently asked questions on the topic of parental responsibility. What does parental responsibility mean? Parental responsibility is a legal concept. That means you can be a responsible parent and not have parental responsibility for your child.   The definition of the legal concept of parental responsibility is contained in Section 3(1) of the Children Act 1989.  The Act defines parental responsibility:   “The rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”.   In practical terms, parental responsibility gives a parent the responsibility for making significant decisions in a child’s life. Examples of the exercise of parental responsibility Parents exercise parental responsibility for their children all the time, without even thinking about it. However there are some significant decisions involving the welfare of a child that parents can struggle to agree on. For example: The name of the child If the child should follow a religious belief and, if so, if the child should be baptised or circumcised If the child should have contact with family members you are estranged from, for example, grandparents or an aunt If the child should be immunised or vaccinated If the child should go on overseas school trips If the child should follow a strict diet such as gluten free, vegan ,vegetarian or sugar free diet If the child should be home educated or go to a local state school or be placed in private education The type of schooling or extra tuition that best meets a child’s needs if the child is gifted or has special educational needs.   There are many other examples of parental responsibility decisions. Some, whilst relatively insignificant, may be of immense importance to you, such as the length of your child’s hair or at what age your child is allowed to have an ear piercing or have their own mobile phone. What happens if you can't agree on parenting decisions and parental responsibility? If two parents have parental responsibility and can't agree on how to exercise parental responsibility then either parent can apply to court for a specific issue order but courts recommend that: Parents try to discuss parenting and reach a compromise that they can both accept Parents try family mediation if they can't reach an agreement to see if a neutral family mediator can help them reach an agreement Court proceedings are used as a last resort. What to do next? If you are worried about your child because you think that your former partner’s alcohol or substance use is affecting their relationship and contact is having an adverse effect on your child then before you stop or change contact it is best to take legal advice from a children law solicitor and professional advice. Speaking to someone else can help you come to a balanced view on whether an application for a child arrangements order is in your child’s best interests and your alternative options.   If you are a parent who has had allegations of drug or alcohol abuse made against you then the best advice is to take legal advice. That is because the first thing many parents do is deny there is a problem. Sometimes there isn’t a problem. However, if there is an issue with alcohol consumption, then denying that the problem exists makes it more likely that the court will make a child arrangements order that you are unhappy with whereas that outcome can potentially be avoided through cooperation and representation. How does an unmarried father get parental responsibility for his child? An unmarried father can get parental responsibility in one of three ways: By agreement with the child’s mother or Jointly registering the birth and being named on the birth certificate or Obtaining a parental responsibility order from the court. Can I prepare a parental responsibility agreement? To secure parental responsibility for your child you have to sign a formal parental responsibility agreement document in a prescribed form. The form has to be witnessed. If you don’t use the correct forms or if you don’t get the agreement witnessed in accordance with the rules then the agreement won't be effective in giving you parental responsibility. Does a father lose parental responsibility for a child if he gets divorced? A father doesn’t lose parental responsibility for his child if he separates or gets divorced from the child’s mother.   A father can only lose parental responsibility by court order once he has obtained it. It is rare for a court to order that a father should lose his parental responsibility. Can a father have contact with a child without having parental responsibility? A father can have contact with his child if he is separated from the child’s mother without first having to obtain parental responsibility for the child. If the mother won't agree to a father having parental responsibility and contact the father can make an application to court for a parental responsibility order and a child arrangements order.   A child arrangements order sets out where a child lives and the contact arrangements. The court will make orders that it thinks are in the child’s best interests. Does a father have to pay child support if he is not named on the birth certificate and doesn’t have parental responsibility? A parent’s legal obligation to pay child support for their child is based on their biological relationship. Therefore a biological father has to pay child support if he is assessed as liable to do so by the Child Maintenance Service, even if he is not named on the birth certificate, doesn’t have parental responsibility, and doesn’t see the child.   In situations where paternity is disputed the Child Maintenance Service can ask for DNA testing to be undertaken and the court can order relationship testing. Does a mother with automatic parental responsibility for a child have more authority and rights than an unmarried father who secures parental responsibility? Sometimes being a parent can feel a bit competitive; whether it is you that your child cries for when they have fallen or you that they ask to read them a bed time story. When it comes to parental responsibility many unmarried fathers assume that their parental responsibility isn’t ‘’as good as a mother’s parental responsibility’’ because there parental responsibility was acquired through: Being named on the birth certificate or Parental responsibility agreement or Parental responsibility court order.   An assumption is therefore made by one or both parents that the father’s rights and responsibilities are somehow less important than the mother’s parental responsibility and that: A mother has more rights than a father A mother will always get custody if there is a dispute A mother has the responsibility to sort out child care if neither parent is available to look after the child If you can't agree on an important decision in your child’s life the mother’s parental responsibility takes precedence giving her the power to make the decision.   None of those assumptions are correct. If you share parental responsibility with another person you have equal rights and responsibilities for the child. The child’s mother does not have the casting vote or the ability to make all the decisions. If you can't reach agreement about what is in your child’s best interests then the court can make a specific issue order. The court will make a specific issue order decision based on what the judge thinks is in a child’s best interests. [related_posts] Will the court always make a parental responsibility order? A father can apply for a parental responsibility order as a separate stand-alone application or at the same time as applying for a child arrangements order (an order sorting out custody or contact).   The court won't automatically make a parental responsibility order but the test or threshold to secure a parental responsibility order is fairly low so in most cases the court will grant parental responsibility.   When deciding whether to make a parental responsibility order the court considers: The degree of commitment shown by the father The degree of attachment between father and child The father’s reasons for applying for a parental responsibility order. If I have parental responsibility can I take my child abroad on holiday? If you are a parent with parental responsibility for your child you can't take your child abroad on holiday unless: You have the agreement of everyone else with parental responsibility for your child or You have a child arrangements order and you are named as the main carer in the child arrangements order. If you have this type of child arrangements order then you can take your child overseas for up to four weeks without needing the other parent’s agreement or a court order You have an order from the court giving you permission to go on the specific holiday or a general order saying that you can take your child overseas on a set number of times each year.   If you are not sure whether the wording of your child arrangements order gives you permission to take your child overseas on holiday it is best to take legal advice before booking the holiday. Can my child’s surname be changed if I have parental responsibility for my child? If you have parental responsibility for your child then your child’s surname should not be changed without your written agreement or a court order. Is a court application for parental responsibility worth it? Most children law solicitors would encourage you to secure parental responsibility by agreement with the child’s mother. If a mother takes legal advice the likelihood is that she will be advised that it is probable that the court will make a parental responsibility order. She may therefore agree to your acquiring parental responsibility by agreement and without making a court application.   If a mother won't agree to you having parental responsibility for your child then you may think that you have no option but to make an application for a parental responsibility order because you think that until you secure parental responsibility the child’s mother won't accept that you have any say in the important decisions affecting your child. However, if you have separated amicably and you are co-parenting your child, you make think that parental responsibility won't really add anything for you or your child. It is always best to have parental responsibility and, in those circumstances, you should be able to obtain parental responsibility by agreement through completing the prescribed form for parental responsibility. Parental Responsibility Solicitors For legal assistance with parental responsibility, child custody or contact or applying for a parental responsibility order, child arrangements order, or specific issue order contact the specialist Cheshire and Manchester children law solicitors at Evolve Family Law. Call us or complete our online enquiry form.

Many mothers think of themselves as single parents. Many of those mothers will not legally be sole parents as they may share parental responsibility for their child. Parents often ask me how they can get or lose parental responsibility for their child. In this blog I answer the question "can a father lose parental responsibility for his child?" We are Cheshire children solicitors If you have a question about parental responsibility or can't reach an agreement over custody and contact and want to make an application to court then the experienced team of children solicitors at Holmes Chapel and Whitefield based Evolve Family Law solicitors can help you. Contact us today Mothers and parental responsibility Mothers automatically have parental responsibility for their child so usually parents want to know: Whether on separation or divorce a father has parental responsibility for his child; and If a father doesn’t have parental responsibility for a child how he can get it; and If a father does have parental responsibility for his child, whether he can be made to surrender his parental responsibility.   What is parental responsibility? Understanding what parental responsibility means is essential in order to know whether you should have it or if you need it and if parental responsibility can be lost. Parental Responsibility is the obligations and responsibilities a parent has for a child. If a parent has parental responsibility for their child, they will: Have a say in how their child should be brought up and in making major parenting decisions such as should the child change school, move abroad to live  or change religion; Have a right to receive certain information, such as school reports and copy medical records ; and Have the ability to consent to matters on behalf of their child, for example, consent to medical treatment for a young child.   Who has parental responsibility for a child? In order to know if you can make an application to court for the other parent to lose their parental responsibility you first need to know who has parental responsibility and how you can get it.   A person has parental responsibility for a child if they are: The birth mother; The adoptive parent of a child; The father of a child who Is or was married to the child’s mother; If the child was born after the 1 December 2003, and the father is named on the child’s birth certificate; Has signed a parental responsibility agreement with the child’s mother; Has a parental responsibility order. Looking after a child under a Residence Order; Parents via a surrogacy arrangement and have a parental order; A step parent of a child who has a parental responsibility agreement or court order.   How do you get parental responsibility? If you do not automatically have parental responsibility for your birth child you can get parental responsibility through: Signing a parental responsibility agreement with the mother; Applying to court for a parental responsibility order.   How can a mother lose parental responsibility? A mother can only lose parental responsibility for her child if the child is adopted.   How can a father lose parental responsibility? If an unmarried father has gained parental responsibility by parental responsibility agreement or court order then an application can be made to court to remove his parental responsibility for the child.   The court will only terminate a father’s parental responsibility if the circumstances are exceptional and the termination of parental responsibility is thought to be in the child’s best interests.   Applying to remove parental responsibility Applying to court to remove a father’s parental responsibility is rare, as the court has said that they will only remove a father’s parental responsibility if the circumstances are exceptional. The court will not terminate parental responsibility if: The child doesn’t want contact; or The father won’t see the child ; or The father won’t pay child support; or The father will not play any part in the child’s life and has ‘disappeared off the scene’.   Behaviour to terminate parental responsibility The court has always said that behaviour to justify terminating a father’s parental responsibility has to be exceptional or extreme. Being an absentee or inconsistent father is not considered exceptional or extreme.   A recent case resulted in a father losing his parental responsibility. The high court made the decision after hearing that the father referred to his autistic son as ’retarded’, used his parental responsibility to delay medical treatment for the child and had written to the mother’s neighbours referring to the child in unpleasant terms. The court thought continued behaviour of this nature would be damaging to the child.   Can a father lose parental responsibility for his child? To answer the question, yes, a father can lose parental responsibility for his child. However, this type of court application is very rare and generally, it is better that parents focus on resolving the day to day practicalities of parenting children after a separation or a divorce. That may involve shared parenting or a mainly absentee father who frustratingly wants to dip in and out of the child’s life. Even though the court will not normally strip a father of his parental responsibility there are various orders that judges will make to protect children such as child arrangements orders, specific issue or prohibited steps orders. These types of children law order do not go to the extreme of removing parental rights but can significantly limit the role a father can play in a child’s life provided it is in the child’s best interests for the father’s involvement in the child’s life to be restricted. [related_posts] If you are worried about parental responsibility or need a parental responsibility agreement or parental responsibility order or help with sorting out  custody and contact  then the expert team of children solicitors at Holmes Chapel and Whitefield based Evolve Family Law solicitors can help you. Contact us today

Parental responsibility is one of those phrases most parents think is a bit self-evident. After all if you are a parent then you have responsibility for your child. Simple isn’t it? It is only when parents separate or divorce that the vaguely heard of legal concept of parental responsibility can become a bone of contention between parents with them not always fully appreciating what the legal concept of parental responsibility is, whether they already have it and, if not, how to get a parental responsibility agreement. What is parental responsibility? At its simplest, parental responsibility is about the rights and responsibilities for your child. Many parents sail through life without needing to know about the legal concept of parental responsibility, automatically assuming that they have the right to decide on whether their child is enrolled at a particular school and that they can make decisions on behalf of their child such as whether their son or daughter should be immunised or have a haircut. In other families life isn't as simple and they need to know where they stand on parental responsibility. Who has parental responsibility? For many parents there is no need to get a parental responsibility agreement because they already have parental responsibility. Parents who automatically have parental responsibility are: ● The child’s mother; ● The child’s father if he is married to the child’s mother; ● The adoptive parents of an adopted child; ● The child’s father if he is named as the father on the child’s birth certificate (after a certain date depending on where the child was born in the UK); ● If the child’s parents are unmarried the child’s father will have parental responsibility if he registered the child’s birth with the mother (after a certain date depending on where the registration took place in the UK). How do you get parental responsibility? If a mother agrees to a father having parental responsibility for a child the easiest way to get parental responsibility is to fill in a parental responsibility agreement. The form records that the biological father of the child is acquiring parental responsibility for the child. The father will then share parental responsibility with the child’s mother. As parental responsibility is an important legal concept the document has to be a standard agreement form and signatures have to be witnessed at your local court. Paperwork confirming the parents and child’s identity also need to be produced. [related_posts] What if parental responsibility can’t be agreed? If the child's mother and father cannot agree on whether the child’s father should have parental responsibility the father of the child can apply to court for a parental responsibility court order. The court will usually grant an application for a parental responsibility order unless there are unusual circumstances resulting in it not being in the child’s best interests for a parental responsibility order to be made. Do you have to pay child support if you have parental responsibility for your child? Whether or not you have legal parental responsibility for your biological child you are still under a financial obligation to support your child .If you cannot reach an agreement over the amount of child support that should be paid for your child an application can be made to the child maintenance service. What happens if both parents cannot agree on how they should share parental responsibility for their child? If two parents have parental responsibility for a child they share parental responsibility; neither parent has more ‘rights’ than the other. If they cannot reach an agreement over the arrangements for their child, such as: ● Should the child have a medical procedure or immunisation; ● Should the child be baptised or circumcised; ● Should the child attend a religious faith school or a boarding school Either parent can apply to court for a specific issue order for the court to decide on the issue in dispute between the parents. The court will make its decision based on what it thinks is in the best interests of the child. If a father doesn't have parental responsibility for a child by agreement or court order he is still able to apply to court for orders relating to the child, such as child arrangement or specific issue orders. For legal assistance with any aspect of children law please Contact Us.