According to the Children Act 1989, Parental Responsibility is "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property". A person with Parental Responsibility has a legal responsibility for the child’s safety and welfare and has the authority to make decisions relating to the child. This blog by Rosie Bracher Solicitors walks you through the questions that often arise in family law proceedings relating to Parental Responsibility.
Who has Parental Responsibility?
A number of people can have Parental Responsibility at the same time. When a child is born, the birth mother automatically has Parental Responsibility. Fathers or a second female parent may also have Parental Responsibility if they are married or in a civil partnership with the mother at the time of birth or if they are named on the birth certificate.
Parental Responsibility can also be granted by the Court to a father, partner, step-parent or other family member with a Parental Responsibility Order, a ‘lives with’ Child Arrangement Order or a Special Guardianship Order.
Children’s Services will have Parental Responsibility for a child if an Emergency Protection Order, an Interim Care Order or a Final Care Order is made. When a child is adopted, the adoptive parents will have Parental Responsibility once an Adoption Order is made.
Who makes decisions for the child?
A person with Parental Responsibility can make day-to-day decisions about the child independently. For more significant decisions, such as which school they attend or relating to medical treatment, all parties with Parental Responsibility must consent. If an agreement can’t be reached, these matters can be settled in mediation or an application can be made to the Court who will consider what is in the best interest for the child.
Other circumstances where all parties must consent include taking a child out of the UK for more than four weeks, changing a child’s surname or consenting to a child’s adoption.
Is Parental Responsibility Equal?
No parent has ‘more’ Parental Responsibility than the other, even if one parent is the main carer of the child. This means that if the parents disagree on something, neither has more sway on making significant decisions.
The exception to this is if the child has a Special Guardian. A Special Guardianship Order grants Parental Responsibility to a person, often a family member, who will live with and take care of the child. While it doesn’t remove Parental Responsibility from the birth parents, Special Guardians can exercise Parental Responsibility over others where the Court has directed so, and may have the final say on significant decisions relating to the child. You can read more about Special Guardianship Orders here.
Removal of Parental Responsibility
Parental Responsibility does not change if parents separate or divorce, even if the living or care arrangements change. Parental Responsibility will end when a child reaches 18 and will cease for birth parents if a child is adopted.
Outside of these circumstances, only the Court can remove Parental Responsibility. This happens in extreme cases where it is seen to be in the child’s best interest. Normally, the Court will strive to maintain the relationship between child and parent, so if there is a conflict between co-parents about a decision, other orders such as a Child Arrangement Order are more likely to be made.
Whilst removing Parental Responsibility is rare in the UK, Rosie Bracher Solicitors has experience in this area and can help you understand your options. If you have questions about Parental Responsibility, we can help. Make an appointment with one of our team, please contact us today.
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