Family Law and Parental Responsibility by

This is the legal name given to a whole bundle of rights and duties which exist between a parent and a child as defined in the Children Act. This includes, for example decisions relating to

The child’s

• Education
• Health
  
• Religion
• Where a child should live
• Whom they should see Etc.

It also allows / requires the parent to give their permission for certain things such as

• Medical Treatment
• Change of name
• School trips and outings

Each parent who has Parental Responsibility is entitled to make decisions about the child independently of each other although they should always try to consult the other when making important decisions.

Parental Responsibility does not give a parent who is not living with the child the right or ability to interfere in the day to day care being given by the parent who is living with the child.

Parents cannot enforce their Parental Responsibility against each other. If there is something important that the parents cannot agree on relating to the child then they are able to make an application to the Court for a Specific Issue order and the Court will make the decision for them. However, the Court will always prefer the parents to reach a decision between themselves.

Sometimes someone who is not a parent can have Parental Responsibility by having a Residence Order granted by the Court. This does not take the Parental Responsibility away from the parents, it simply adds another person who has Parental Responsibility.

If there is a Residence Order in force then the person with a Residence Order can take the child out of the country for up to 1 month without having permission from anyone. If there is no Residence Order then the permission of everyone with Parental Responsibility is needed to take the child out of the country.

Who has Parental Responsibility and how can I Get it.

The mother always has Parental Responsibility. Married fathers also have automatic Parental Responsibility even if they married the mother after the child was born.

If the child was born after 1st December 2003 and the father is named on the birth certificate then he has automatic Parental Responsibility.

Anyone who has a Residence Order has Parental Responsibility but only for so long as the order remains in force.

If the father is not or was not at any time after the child was born married to the mother and is not on the birth certificate (if the child was born after 1.12.2003) then he will not have Parental Responsibility and will need to obtain it either with the agreement of the mother or by order of the Court.

If the mother agrees then a simple form, a Parental Responsibility Agreement needs to be completed. Both parents will need to sign the form in front of a magistrate or at the County Court. Once it has been signed it needs to be registered with a central registry and the father will then have Parental Responsibility, from the date of registration, as if he had been married to the mother.

If the mother does not agree then the father can make an application to the Court and, unless there are very good reasons why not, the Court will almost inevitably grant the order which will be effective immediately.

The Court also have the power to remove Parental Responsibility but would only do so in exceptional circumstances.

Effects of Parental Responsibility

A person who has Parental Responsibility has the right to act in every way as the parent of the child. This means that they can, for example

• Give permission for medical treatment
• Sign consent notes for school
• Speak directly with authorities such as the school, GP, counsellors, etc
  
• Ask the school to inform them directly (ie not through the parent with whom the child is living) of events such as sports days, parents evening, concerts, photographer etc. Many schools will agree to send out two copies of school reports, one to each parent and to see parents separately at parents evening etc.
• Make decisions about their upbringing, religion, etc

Change of Name

It is not legally possible to change the name of a child without the permission of every person with Parental Responsibility.