A person has Parental Responsibility for a child if they are:-
- The child’s mother;
- The child’s father and was married to the mother/ in a civil partnership with her at the time the child was born;
- The child’s father and is named on the birth certificate;
- Any other person who has acquired parental responsibility by way of a Court Order or Parental Responsibility Agreement
Unmarried fathers do not automatically obtain Parental Responsibility if they are not named on the child’s birth certificate. In such a situation the father will not have an automatic right to make an application to Court for a Child Arrangements Order for the child to live with them and/or spend time with them. The father would have to instead make an application for “permission” to apply to the Court and to seek Parental Responsibility. An unmarried father will need to establish paternity with the Courts to obtain a Parental Responsibility Order.
It is important to note that the law treats Parental Responsibility and child maintenance as being completely separate. An unmarried father who does not have Parental Responsibility still has an obligation towards his child to provide child maintenance.
If a person has Parental Responsibility, their most important roles are to provide a home, protect and maintain the child. They are also responsible for a child’s discipline, education, medical treatment, agreeing to any change of name, and looking after the child’s property.
In most cases, Parental Responsibility holders do not have to agree on every issue unless it is a major decision to be made about the child’s life. For example, a school trip within England and Wales usually only needs the need the consent of one person with Parental Responsibility, but a change in a child’s school, name, or a holiday abroad, needs consent of all who hold Parental Responsibility.
Where there is a dispute between those who have Parental Responsibility, there are various resolution methods including negotiation, mediation and arbitration or as a last resort the Court can be asked to decide the issue by making a Specific Issue Order. When the Court is asked to make a decision, they will consider the best interests of the child.
If you would like any advice on Parental Responsibility or any area of Family Law, then please contact THP Solicitors on 0118 975 6622. We offer a fixed fee appointment for £100.00+VAT where one of our Family & Divorce solicitors would be happy to discuss the above, or any other legal matters.