Understanding Parental Responsibility: What It Means for You and Your Child

When it comes to making important decisions about a child’s life, the term “parental responsibility” is key. But what does it really mean, and who has it? This article breaks down the concept of parental responsibility, explaining what it involves and how it affects both parents and children.

What Is Parental Responsibility?

The legal definition broadly defines parental responsibility as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’ (Children Act 1989).

Put simply, parental responsibility encompasses a wide range of duties that a parent has towards their child. Most common examples include decision-making regarding registering your child’s name, their school, and medical assessments, examinations and treatments.

Parental responsibility also means you are responsible for your child’s protection and well-being, by making sure they are safe, housed, fed, and cared for.

Who Has Parental Responsibility?

The law usually grants parental responsibility to the mother from the moment of the child’s birth (see Children Act 1989, section 2). The same can be said for fathers if both were married or in a civil partnership when the child was born.

However, if the father is unmarried or not in a civil partnership, parental responsibility can be acquired by:

• Being named on the child’s birth certificate
• Entering into a parental responsibility agreement with the mother
• Obtaining an order from the court granting parental responsibility

Outside of the England and Wales jurisdiction, there are more ways that an unmarried father can obtain parental responsibility.

Other people, such as step-parents, can also acquire parental responsibility through a court order or by entering into an agreement with those who already have parental responsibility.

Why Is Parental Responsibility Important?

Having parental responsibility is vital because it gives you the legal right to make important decisions about your child’s life. Without it, you may not have a say in decision-making regarding your child’s education and healthcare, even if you are actively involved in their life.

Thus, unmarried fathers must fully understand the consequences of not obtaining parental responsibility and seek legal advice where appropriate. Without it, there may be difficulties in being recognised as a parent, especially if your relationship with the mother breaks down.

How Do Courts View Parental Responsibility?

When considering disputes between the mother and father, the court’s primary concern is the child’s welfare. When a father is seeking parental responsibility, the court will consider their commitment towards the child, their relationship with the child, and their reasons for seeking parental responsibility.

If the father seeks to restrict the other parent’s involvement, they must show that doing so is in the child’s best interest. The court presumes that it is in the child’s best interests for both parents to actively contribute to the child’s upbringing, unless there are serious concerns to the child’s welfare.

Can Parental Responsibility Be Taken Away?

Parental responsibility is not something that is easily removed. Once acquired, it usually lasts until the child reaches 18 years of age.

Parental responsibility, acquire through marriage or civil partnership, is not removed through divorce or dissolution of a civil partnership.

If a parent seeks to remove the other parent’s responsibility, this can only be done through a court order. In rare and serious cases, such as those involving significant harm to the child, a court can decide to limit or remove parental responsibility.

What If Parents Disagree on Major Decisions?

When parents with parental responsibility can’t agree on major decisions, they can seek mediation or, as a last resort, apply for a specific issue order or a prohibited steps order at court.

Specific issue orders, as the name suggests, deals with specific issues, such as the school the child should attend.

In contract, a prohibited steps order prevents a parent from making a particular decision, such as taking the child abroad without the other parent’s consent.

In all cases, the court’s decision will always be based on what is in the best interests of the child.

Final Thoughts

Parental responsibility is a fundamental concept in family law that grants you both the rights and the duties involved in raising a child. Despite its significance, it is not as clearly as understood as some.  By understanding who has parental responsibility and how it works, it can help you navigate your role as a parent more effectively, especially in situations of separation or divorce.

If you’re unsure about your parental rights or need help securing parental responsibility, it is recommended to seek legal advice. A family law solicitor can guide you through the process and ensure that your role in your child’s life is legally recognised.