Parental responsibility is a fundamental concept in family law, but it can sometimes be misunderstood. Carla Williams, CILEx Practitioner & Assistant Manager in the Family Law Department at Bromleys, explains what parental responsibility entails, who holds it, and how it can be acquired or lost.
What is Parental Responsibility?
Parental responsibility refers to the legal rights, powers, responsibilities, and authority a parent has for a child and the child’s property. This includes making certain decisions that will directly impact the child, for example about their education, welfare and health, as well as providing a home and ensuring the child’s safety.
This means those that have parental responsibility for a child are expected to choose the child’s school and be involved in school activities, consent to medical treatment and have access to health records, represent the child in any legal proceedings and make decisions about their religion.
Who Has Parental Responsibility?
In the UK, parental responsibility is automatically granted to all mothers and most fathers. For a father to be given parental responsibility, he must be married to the mother at the time of the child’s birth or be listed on the birth certificate (after December 2003, depending on what part of the UK the child was born in).
If parents are married at the time a child is born, or jointly adopt a child, both will retain parental responsibility if they divorce in the future.
Temporary carers, such as relatives or babysitters, do not have parental responsibility for a child in their care, but do have reasonable authority to make decisions about the welfare of the child.
Even if someone with parental responsibility does not live with the child (for example, if the parents are divorced), they have the right to be consulted about important decisions surrounding their child’s upbringing.
How Can Parental Responsibility Be Acquired?
For those who do not automatically have parental responsibility, it can be acquired through:
- A Parental Responsibility Agreement with the mother, that must be signed and witnessed
- Parental Responsibility Order issued from the court
- Marriage if the father marries the mother after the child’s birth.
- Being Appointed a Guardian by a court or by the mother in her will.
Court order applications for parental responsibility can also be made by grandparents, other family members or carers that are looking after the child. There are certain conditions that impact your eligibility to do this, and it is important you seek legal advice before making an application.
Losing Parental Responsibility
Parental responsibility can be lost in certain circumstances, such as:
- Adoption, when a child is adopted, the birth parents lose parental responsibility
- Court Orders can remove parental responsibility in rare cases
Understanding parental responsibility is crucial for anyone involved in a child’s life. It ensures that the child’s best interests are always the priority.
If you have any questions or need legal advice regarding parental responsibility, please don’t wait to speak to a legal professional. Our expert team at Bromleys are here to support you. Call us today on 0161 768 15961 to speak to our team, or email bromleys@bromleys.co.uk