Do you have parental responsibility?

Susan Davies, family law partner at Staffordshire law firm Ansons LLP looks at who does and does not have legal parental responsibility for a child and the processes available to obtain parental responsibility.

As a legal term 'parental responsibility' or PR, means all the rights, duties, powers, responsibilities and authority a person has over a child .  Essentially, a person with PR is able to make decisions regarding a child's upbringing.  This can include making decisions on the child's name, religion, where the child should live and attend school and if the child should receive medical attention.

Who has parental responsibility?

Mothers automatically, regardless of their marital status, as do fathers if married to the child's mother, or, if registered on the child's birth certificate provided the child was born after 1st December 2003.   A wide variety of persons can acquire PR.

How can parental responsibility be obtained?

The father of a child can obtain parental responsibility by:

  • registering or re-registering his name on the birth certificate;
  • making a parental responsibility agreement with the mother;
  • obtaining a parental responsibility order from the court;
  • marrying the mother;
  • obtaining a residence order from the court.

Other persons, such as grandparents and step-parents can obtain parental responsibility by:

  • obtaining a residence order from the court;
  • being appointed as the child's guardian on the mother's death;
  • adopting the child.

Registering or re-registering the birth

If the child was born on or after 1st December 2003, and with the mother's consent, the unmarried father can register or re-register his name on the birth certificate to give him parental responsibility.  Where a child was born before 1st December 2003, then an unmarried father will not, automatically, acquire PR even if his name is registered on the birth certificate. He will therefore have to use one of the other methods to obtain PR.

Parental responsibility agreement

A parental responsibility agreement is a legal document which gives a father PR for a child. They can also be used in the situation where a step-parent is married to the biological parent.  A solicitor can draw up a parental responsibility agreement.

Parental responsibility order

If the mother refuses to enter into a parental responsibility agreement, or refuses to allow the father to be registered or re-registered on the birth certificate, the unmarried father can apply to the court for a parental responsibility order.  The court will decide if it is in the child's best interests to make the order.  A step-father who is married to the mother is also eligible to apply to the court for a parental responsibility order.   This is also the case for same sex couples who are in a civil partnership.

Residence order

A residence order names the person with whom a child is to live and at the same time provides parental responsibility to the holder of the order for as long as the order remains in force.  Residence orders can be obtained by a number of different persons including the child's parent, guardian, a step parent who lives with the child, or a grandparent. Conditions can apply and therefore specific legal advice should be taken.

A residence order prevents the following unless there is agreement of everyone with parental responsibility:

  • changing the surname of the child;
  • removing the child from the UK (for more than 1 month); and
  • consenting to the child's adoption.

Guardianship

A child's guardian is someone who is appointed to take over responsibility for the child, commonly, in the event of the death of the child's parent or carer. A person with parental responsibility may appoint a guardian by making a Will or by a document which has been dated and signed and which provides that the appointment only takes effect on his/her death.

Adoption

Adoption is the legal process of providing a child with new parents. It transfers parental responsibility from the child's birth parents to the adoptive parents.

Adoptions are made legal by the courts once they are satisfied that adoption is in the best interests of the child. An adoption order will be made after the child comes to live with the adopting parents. Upon the granting of an adoption order the child will usually take on the adoptive parents surname and all legal ties that the child has with their birth family will end. The birth parents cannot take the child back after the order has been granted.

For further information on parental responsibility or any area of family law, please contact Susan Davies of Ansons LLP on 01543 263 456 or e-mail sdavies@ansonsllp.com or visit www.ansonsllp.com

 

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