Parental Responsibility
What is meant by “Parental Responsibility”
Parental Responsibility refers to all the rights, duties, powers, responsibility and authority which, by law, a parent has in relation to their child. It therefore gives a parent the responsibility of taking all the important decisions in a child’s life.
Who has Parental Responsibility?
Being the natural parent of a child does not necessarily mean a person has parental responsibility.
The mother of the child will have parental responsibility and this will only be lost if the child is adopted.
If the parents are married, both parents will have parental responsibility for the child. This is not affected by divorce.
If the parents are unmarried, the father will only have parental responsibility in the following circumstances:-
1. If there is a formal parental responsibility agreement in force; or
2. If he has a parental responsibility order from the court; or
3. If he has a residence order in his favour; or
4. If he married the mother; or
5. If the child was born after 1 December 2003 and both parents have registered the birth of their baby together.
If none of these circumstances apply, an unmarried father will not have parental responsibility for his child.
A father can acquire parental responsibility by:
1. entering into a parental responsibility agreement with the mother; or
2. making an application to the court for a parental responsibility order; or
3. marrying the mother
If you would like further information about parental responsibility please contact us to make an appointment