Parental Responsibility

The technical definition of Parental Responsibility in the Children Act 1989 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". What does this actually mean in practice?

The easiest way of understanding Parental Responsibility is simply as an umbrella term for all the duties and rights that you already accept as part of being a parent. This of course includes providing your child with a secure home, protecting your child, educating them and making any decisions about medical treatment and religion.

The law in general focuses on your child's welfare and your responsibility towards your child to protect this rather than on your rights over your child. Parental Responsibility is seldom an issue when a child's parents are still together, but not surprisingly when a couple separate they often see the important aspects of a child's upbringing very differently and this is when it can be helpful for the parents to discuss their concerns with a solicitor.

Mothers always have Parental Responsibility for their children, unless their child is adopted, which will remove their Parental Responsibility. The case for fathers is much more complicated, but fathers will have Parental Responsibility in the following cases:

1. If he is married to the child's mother, even if the marriage is after the child's birth.
2. If he jointly registers the child's birth with the mother and the child is born on or after December 1st 2003.
3. If the mother agrees that the father should have Parental Responsibility. We can assist you in ensuring that the correct forms are completed and filed at Court
4. If the court orders that the father should have Parental Responsibility. This is typically the case if the mother does not agree to the father having Parental Responsibility.
5. If the father has a Residence order in his favour.

In all other cases a father will not have Parental Responsibility for his child. It can come as a surprise and a shock when a father discovers that he does not in fact have Parental Responsibility for his child. This can understandably be a source of anger and frustration but luckily if this applies to you we can help you to resolve this problem.

If you do not have Parental Responsibility for your child, we can advise you regarding your options. Generally our initial advice will be that we will right to the child's mother and ask her to agree to you having Parental Responsibility. If the child's mother is reluctant to agree to this, then we will often advise that the two of you discuss your concerns with a mediator. This can often resolve any difficulties, but if this is not possible then it may be necessary to apply to Court. Many people are often reluctant to make an application to Court, but Parental Responsibility is an important issue and unfortunately you cannot guarantee that you'll have the input you want to have in your child's life without resolving this.

In our experience, Courts are generally sympathetic towards applications made for Parental Responsibility by fathers as obviously it can seem unfair that a devoted father is not automatically allowed to have a say in his child's upbringing. But a mother is still able to oppose the application if she wishes, which can make the process lengthy and stressful.

If the child's mother does wish to oppose your application then the Court will look carefully at your relationship with your child and in particular your commitment and attachment to the child and why you've brought the application. The Judge may feel that he needs to investigate the situation before an order is made, in which case a Court welfare officer or CAFCASS officer will discuss the case with you and the child's mother outside the Court. This will involve meeting the CAFCASS officer at their offices and answering their questions and typically discussing your involvement in the child's life.

Parental Responsibility lasts until the child reaches the age of 18. If it is given to you by either order or agreement then unfortunately it can also be removed by the Court, should the Court decide that this is necessary.

Stepfathers are also able to apply for Parental Responsibility for their step children and in these cases the Court will consider the same factors as already mentioned, but will also consider the child's fathers views.

It is also important to remember that Parental Responsibility for a child is a separate issue to either maintenance or contact. Even if you do not have Parental Responsibility for a child you still have an obligation to support your child. Although this may seem galling, on the other hand, your child still has the right to have contact with you.