What you need to know about Parental Responsibility

What you need to know about Parental Responsibility

When parents separate, there can be a lot of discussion about ‘parental rights’ and what that entails.  This factsheet is aimed to provide an overview of the issue of parental responsibility, and if you are unable to come to an agreement regarding the arrangements for your children, it is always sensible to obtain legal advice at an early stage to discuss your specific circumstances.

What is Parental Responsibility?

Parental Responsibility (PR) is defined by law 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.”

What does having Parental Responsibility mean?

When you have PR for a child, you have the obligation to safeguard and provide for your child, and the right to make decisions about how they are raised.  When parents have separated, there are day to day decisions that do not need to be agreed by all who hold PR, such as bedtimes, seeing friends and the child’s general discipline.  It can however be of enormous benefit to both parents and child for there to be communication over these issues, and thus continuity for the child.

Important decisions must be made jointly by all those that hold PR for a child.  These decisions include those relating to medical treatment, education, religion, a child’s name, where the child lives and if they can go abroad.

Do I have Parental Responsibility?

You will automatically have PR if you are:

• The child’s birth mother.
• The child’s biological father and married to the mother at the time the child is born. If you later divorce, this does not remove your PR.
• Named on the birth certificate of a child born after 1 December 2003, even if not married to the mother at the time the child is born.
• The child’s adoptive parents.
• The child’s testamentary Guardian.
• If you are in a same-sex relationship with children, please click here to read about being a legal parent and whether you have parental responsibility.

How do I get Parental Responsibility?

You can obtain PR in a number of ways:

• If you are the father and later marry the mother. If you later divorce, this does not remove your PR.
• If you are the father or step-parent and all with PR agree, you can enter into a Parental Responsibility Agreement (or step-parent Parental Responsibility Agreement).
• If you are the father or step-parent and there is no agreement, you can apply to the Court for a Parental Responsibility Order.

If you are not the child’s father or step-parent, you can obtain PR if:

• The Court grants you a Child Arrangements Order setting out that the child lives with you.
• You adopt the child.
• The Court grants you a Special Guardianship Order. You share PR with all others with PR but do not have to obtain their consent for the majority of decisions.
• You are a Local Authority and have an Emergency Protection Order or Care Order. You share PR with the parents.

When does Parental Responsibility end?

If granted by a Child Arrangements Order or Special Guardianship Order, PR will last as long as the Order is in place.  Otherwise, PR will end when a child turns 18 years (or earlier if they marry between 16 and 18 years), or if your child is adopted.

To remove a person’s PR or give up your ‘parental rights’, you must apply to the Court, which can

• Terminate a Parental Responsibility Agreement giving PR to an unmarried father or a step-parent.
• Terminate a Parental Responsibility Order giving PR to an unmarried father or a step-parent.
• Terminate PR obtained by an unmarried father being registered on the birth certificate.

The Court is generally reluctant to terminate PR, and will do so only in the most exceptional cases.

Contact us

Rix & Kay has a wealth of experience of advising on all aspects of family disputes and is happy to discuss any issues you may have regarding the arrangements for your children. If you need support on a Parental Responsibility issue, reach out to Janet Raeburn, a Partner on the Rix & Kay Family Law team, at t. 01825 744482, or via e. JanetRaeburn@rixandkay.co.uk