Parental responsibility is a cornerstone of family law, defining the rights, duties, powers, responsibilities and authority that a parent has concerning their child and the child’s property. It’s a crucial concept for ensuring children’s welfare and making key decisions about their upbringing. Whether you are a parent, guardian, or prospective adoptive parent, understanding your rights and responsibilities is essential.
What is parental responsibility?
Parental responsibility encompasses a range of duties and powers that a parent has in relation to their child. These include:
- Providing a home for the child.
- Protecting and maintaining the child.
- Ensuring the child receives education.
- Deciding on medical treatment.
- Naming the child and agreeing to any changes of name.
- Looking after the child’s property.
It’s important to note that parental responsibility does not affect a parent’s obligation to provide financial support for their child, which is governed separately under child maintenance laws.
Who has parental responsibility?
Biological mothers
A child’s biological mother automatically has parental responsibility from birth.
Fathers
If the parents are married at the time of the child’s birth, the father automatically has parental responsibility.
For unmarried fathers, parental responsibility can be acquired by:
- Being named on the child’s birth certificate.
- Entering into a parental responsibility agreement with the mother.
- Applying for a parental responsibility order from the court.
Adoptive parents
Adoptive parents acquire parental responsibility once the adoption process is complete.
Stepparents and others
Stepparents or other individuals can acquire parental responsibility through a court order or agreement with the existing parent(s).
How is parental responsibility shared?
When more than one person has parental responsibility, they must collaborate on major decisions affecting the child’s welfare. Disputes can arise, and in such cases, courts can intervene to decide in the child’s best interests.
Losing parental responsibility
In rare circumstances, parental responsibility can be removed by the court. This typically happens if it is deemed to be in the best interests of the child, for instance, in cases of severe neglect or abuse.
How to obtain parental responsibility
If you do not automatically have parental responsibility but wish to acquire it, the process involves:
- Reaching an agreement: You can enter into a parental responsibility agreement with the child’s mother or other individuals who already have parental responsibility.
- Court application: If an agreement cannot be reached, you can apply to the family court for a parental responsibility order. The court’s decision will be based on the child’s welfare.
Parental responsibility is a vital legal concept, ensuring that children’s welfare remains the top priority. Understanding your rights and duties as a parent or guardian can help create a stable and supportive environment for the child’s growth and development.
If you need any assistance with regards to establishing your parental responsibility, or any other child-related issue, please do not hesitate to contact our friendly and professional Family team on 01245 228116 or by email at familyenq@gepp.co.uk.
