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Parental Responsibilities

Do you have Parental Responsibility?

• Do you know if you have parental responsibility for your child?
• What does it mean?
• What rights do you acquire when you have parental responsibility?
• How can you acquire parental responsibility?

The Legal Position Regarding Parental Responsibilities

The term parental responsibility is defined as ‘all the rights, duties, powers, responsibilities and authority which a parent of a child has in relation to the child and his property.’

When the parents of a child are unmarried, only the mother automatically has parental responsibility for the child. When the parents are married, when the child is born the father will share parental responsibility for the child. If the parents are not married when the child is born but then do marry later on, the father will acquire parental responsibility from the date on which they marry.

Traditionally unmarried fathers did not automatically share parental responsibility for the child. Since 1st December 2003 there has been a change in the law. For any child born after 1st December 2003 when the unmarried father registers the birth the father will automatically acquire parental responsibility. This change in the law only applies to children born after 1st December 2003. If a child was born before that date, then the unmarried father will not automatically share parental responsibility with the mother even if he did register the birth.

How To Acquire Parental Responsibility Other Than By Marriage And Registering The Birth

The father can still acquire parental responsibility through an agreement with the mother, which must be on an approved form and registered with the Court.

The Court can make an Order for parental responsibility and if the father is granted a residence Order (custody) the Court must also make an Order giving him parental responsibility.

What Is Parental Responsibility?

Parental Responsibility is:

• The duty to look after and bring up the child and decide where they spend their time in order that this duty can be fulfilled other than in cases when the parents cannot agree on where the child should spend their time in which case the Court may make an Order setting out what will happen.
• The power to exercise reasonable discipline.
• The duty to protect and maintain the child.
• Duty when the child is old enough to ensure that they receive full time education and to secure his attendance at school or college.
• Duty to provide or take steps to secure medical care for the child when needed.
• The right to have an input as to religion, medical treatment, education, change of name and residing outside the jurisdiction.

What If There Is An Abuse Of Parental Responsibility?

The Court may intervene by making a prohibited steps or specific issue Order to control the exercise of parental responsibility by the parents when they cannot agree matters for themselves.

What Happens Next?

We wish to emphasise that we will deal with any aspects of parental responsibility. We can draft the agreement and register it with the Court. We can advise on pursuing an application for parental responsibility in Court or making applications to stop another party trying to enforce any duties acquired by parental responsibility if there is no agreement.

We are trained to approach these matters in a constructive and non-confrontational way by agreement. We have the expertise and experience to resolve any of your problems.

How Long Will It Take?

If by agreement, it could be completed within a period of four weeks.

If we have to make an application to the Court then it could take a period of 6-9 months.

How Much Will It Cost?

We believe the first interview is the important one for you. It will give you the first chance obtain answers to your many questions. You can see if you like us and able to achieve a rapport that gives you the confidence and trust to continue with your instructions.

It is for these reasons we offer an initial one hour of advice for a nominal fee. Call us to find out more about this (there is no charge for this initial conversation so you have nothing to lose).

Need Specialist Family Law Help?

Please call Tim Giles on 0121 236 7388 or by complete a Quick Enquiry Form.