Parental responsibility is an area parents often seek legal advice about. This blog aims to help you understand
- what parental responsibility is
- who has parental responsibility for a child,
- how it can be obtained and whether it can be removed or restricted in any way.
What is Parental Responsibility?
Section 3(1) of the Children Act 1989 defines parental responsibility as;
All the rights, duties, powers and responsibilities and authority that, by law, a parent of a child has in relation to the child and their property.
This means that, as a parent, you’re responsible for;
- Providing a home for your child
- Decisions about where they live
- Naming them and agreeing to any change of name
- Providing for their education
- Agreeing to medical treatment
- Their religion
- Looking after their property
Parental responsibility ends when the child reaches the age of 18. However, the older the child gets, the less extensive parental responsibility becomes.
In Hewer v Bryant [1969] 3 Al ER 578, Lord Denning stated that parental responsibility;
“…starts with a right of control and ends with little more than advice.”
Lord Denning – Hewer vs Bryant, 1969
This shows that the courts are hesitant to force decisions on an older child who is able to express their thoughts and feelings clearly.
When more than one person has parental responsibility for a child, it is joint and equal.
Who Has Parental Responsibility?
A mother has automatic parental responsibility for her child from the day they are born.
A father has parental responsibility if he is;
- Married to the mother, or
- Listed on the child’s birth certificate
Separated Parents
Having parental responsibility for a child does not give you the right to spend time with them if you’re divorced or separated. That said, the other parent has to include you when making important decisions about their lives. Important decisions include but is not limited to;
- Medical treatment
- Changing their name, or
- Moving abroad
If you can’t agree on what is best for your child, you can apply for a Specific Issue Order or a Prohibited Steps Order. A judge will then decide what is in the best interest of the child.
Financial Support
Regardless of whether you have parental responsibility or not, you must make sure your children are financially supported.
Fathers Who Don’t Have Parental Responsibility
An unmarried father who doesn’t have parental responsibility still has a duty to provide child maintenance. The law views parental responsibility and child support as very different issues.
That said, an unmarried father who doesn’t have parental responsibility still has:
- An automatic right to apply for certain court orders related to his child, and
- A right to have reasonable contact with his child if they’re in local authority care.
How to get Parental Responsibility
An unmarried father could get parental responsibility by re-registering the child’s birth, depending on whether the mother consents to this. The parents could also enter into a parental responsibility agreement.
If the mother does not consent to the father having parental responsibility, the only option may be an application to court. The court can grant parental responsibility to an unmarried father by:
- Making a parental responsibility order (a declaration of parentage can also be made to reflect the child’s identity), or
- Making a child arrangements order for the child to live with the father, where parental responsibility must be given, or
- Making a child arrangements order for the child to spend time with the father and determining it is in the child’s best interests for the father to also be granted parental responsibility.
If you are not the biological parent to the child, parental responsibility can be given to you if this is necessary to meet the child’s welfare needs. The court can grant a Special Guardianship order to family member, stepparent, or close friends if the child is not able to live with the parents.
This will provide enhanced parental responsibility. So, in the event of dispute over decisions, then the Special Guardian makes the final decision. Child arrangements order for the child to live with another person, such as stepparent or grandparent would give the same level of parental responsibility as the other parents who had parental responsibility.
Does Everyone with Parental Responsibility have to Agree to a Decision about their Child?
One parental responsibility holder can make most day-to-day decisions. An example of this is if your child’s school needs your consent to take the on a school trip. However, if one parent objects, they could apply to the court for a prohibited steps order.
For major decisions that could affect the child’s life, for example, if one parent wants to move abroad with the child, everyone with parental responsibility will need to agree.
What if Those with Parental Responsibility Can’t Agree?
If you cannot agree on a decision about your child’s future, or upbringing, you could try mediation.
The purpose of mediation is to try and resolve your differences without conflict.
If after mediation, you still can’t agree, either parent can apply to the court for a;
- Prohibited steps order, or a
- Specific issue order
By doing this, you’re asking the court to make a decision for you, based on what it thinks is in your child’s best interest.
Can the Court Restrict Parental Responsibility?
The court has powers to limit or restrict parental responsibility if this is necessary for the safety of the child or other parent. Orders restricting parental responsibility can be made if parental responsibility is not able to be removed.
The court can grant a prohibited steps order which prevents the named person doing certain things or making certain decisions. This can have a penal notice attached to it. If there is a risk of significant harm to the child or the matter is urgent it may be possible to obtain an order without warning the other party of the application in advance. These are known as without notice orders.
Examples of restrictions include: –
- Preventing one parent removing the child from the care of the other parent.
- Preventing one parent from removing the child from school or nursery.
- Stopping a parent changing the child’s name.
- Preventing a parent accessing the child’s medical records or school records.
- To prevent a named person having contact with the child.
- Preventing a child’s religion being changed.
Can I Transfer Parental Responsibility to Someone Else?
A person with parental responsibility is not able to transfer it to another person.
You can delegate responsibility to a teacher, childminder, friend, or relative. However, as the person with parental responsibility, you are liable for making proper care arrangements.
The only time you would transfer parental responsibility would be via an adoption order, which is a permanent decision.
