Parental Responsibility

Following the breakdown of a relationship or a marriage one of the biggest areas of disagreement can involve the future of any children of the relationship. When looking at this area one of the key points is who has parental responsibility.

Parental responsibility amounts to the rights, duties, powers, responsibilities, and authority which a parent of a child has in relation to that child. In practical terms, parental responsibility gives a parent the right to be involved in the important decisions in the child’s life, for example in the areas of; education, religion and medical care. It also allows a parent to take day-to-day decisions with regards to things such as nutrition or recreation.

Most parents take for granted that they will be involved in decisions about their child, but following the breakdown of a relationship, particularly when there is acrimony and parents are going to live apart, whether a parent has parental responsibility or not can be significant when it comes to making decisions on a child’s future. So, who has parental responsibility?

If the parents of a child are married when the child is born, or if they have jointly adopted a child then both parents have parental responsibility and keep parental responsibility if they were to divorce.

If parents are not married, then only the mother enjoys parental responsibility, but that is not to say that the father cannot acquire parental responsibility. An unmarried father acquires parental responsibility if he is registered, with the consent of the mother, as the father of the child on the birth certificate or by marrying the mother.

An unmarried father also obtains parental responsibility by entering into a parental responsibility agreement with the mother. Such agreements must be completed in the prescribed format and registered. Once registered the father will enjoy joint parental responsibility with the mother. If the mother is not willing to enter into such an agreement a father can apply to the court for a parental responsibility order. If a court makes such an order then the father will be granted joint parental responsibility with the mother.

If a court makes a child arrangements order naming the father as the person that the child will live with, then it must also make a parent responsibility order in favour of the father, if he does not already enjoy parental responsibility. If a child arrangements order is made naming the father as someone that the child should spend time with, then the court will consider whether it is appropriate to make a parental responsibility order.

Finally, parental responsibility can be obtained by a father if he were to be named as guardian of a child in the mothers will, if she has sole parental responsibility. The father would obtain parental responsibility only at the time of the mother’s death in those circumstances.

Zoe Tansley, head of the private family department, said ‘issues surrounding children and child contact is often very difficult following the breakdown of a relationship. It is vital that legal advice is taken at an early stage so that informed decisions can be made. At Freers Askew Bunting solicitors our team will provide you with tailored, sensitive advice which focusses on the well being of the child as we know that the child’s welfare is the most important thing for any parent.’