Parental Responsibility of Children

Parental Responsibility

The concept of Parental Responsibility was introduced by the Children Act 1989 and replaces the old idea of one or both parents having custody of a child. Parental Responsibility change the emphasis on rights over children to a parent's responsibility for their children

Parental Responsibility is defined in the Children Act as:

‘all the rights, duties, powers and responsibilities which a parent has for a child’.

Having Parental Responsibility therefore involves making decisions over providing a home, feeding and clothing, providing protection and security, ensuring that the child receives a satisfactory education, consenting to medical treatment and marriage before 18, any change of name or religion, and generally all the important things in a child’s life.

Where two or more persons have Parental Responsibility, each may (in most but not all cases) exercise their Parental Responsibility independently without the consent of any other person with Parental Responsibility. If agreement cannot be reached about an aspect of the child's upbringing, then the court can be asked to intervene and decide the matter and make a Specific Issues Order. Both parents (or permission from the Court) must agree before a child’s surname can be changed or the child removed from the UK.

Mothers always have Parental Responsibility.

Fathers have automatic Parental Responsibility if they are married to the mother at the time of the child's birth, but not otherwise.

An unmarried father may however acquire Parental Responsibility by:

Being registered as the child's father at birth, so long as registration took place after 1 December 2003.
Entering into a Parental Responsibility Agreement with the mother
Applying for and obtaining a Residence Order or a Parental Responsibility Order from the Court.
being appointed the child's guardian; but only once that appointment takes effect
subsequently marrying the child's mother

A step-parent who is either the spouse or civil partner of a parent who has Parental Responsibility may acquire Parental Responsibility by:

making a Parental Responsibility Agreement with all parents with parental responsibility;
obtaining a Residence Order or Parental Responsibility Order from the court
adopting the child.

A step-parent cannot appoint a Guardian for the child or change the child’s surname although he may have Parental Responsibility.

Both parents with PR must agree before a child is removed from the UK for a period exceeding one month and for such things such as a change of name. If this agreement is not forthcoming the question will have to be referred to the Court for leave by way of an application for a specific issues order.

Not having Parental Responsibility will not relieve a father of his obligation to maintain his child and pay maintenance.

A person with Parental Responsibility may not surrender or transfer any part of that responsibility; unless the child is adopted.

Our Parental Responsibility Factsheet is a detailed description of the Law of Parental Responsibility with many of the decided cases.

Free Legal information and Legal advice