In this article
Parental responsibility is one of the most important law areas, as it essentially decides how much of an influence you will have in your child’s life. As a result, you must understand precisely what parental responsibility means and how it works. Therefore, in this article, our solicitors outline the six things you must know.
For more information, please visit our child law page, or contact our solicitors directly on 020 3007 5500
What is parental responsibility?
Parental responsibility is the legal rights, responsibilities and authority over a child and their property. Therefore, someone who has parental responsibility for a child has the right to make crucial decisions over the child’s care and upbringing.
Responsibilities:
For a parent with responsibility, your primary responsibilities include:
- Providing a home for the child
- Protecting and maintaining the child’s welfare
- Making important decisions on behalf of the child, for example, the child’s religion, the child’s education, amongst others.
- Deciding on the child’s name and consenting to any name changes
- Taking care of the child’s property
- Deciding whether or not the child needs medical treatment
Remember...
These important decisions must be agreed upon with anyone else who also has parental responsibility.
When does parental responsibility end?
Parental responsibility will end when the child reaches 18 years old. However, there are two instances where it can end prematurely, which include:
- The child getting married between the age of 16 and 18
- An adoption order overriding the birth parents parental responsibility
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Who has parental responsibility?
People who automatically gain parental responsibility are as follows:
- Birth mothers
- Fathers who are married or in a civil partnership with the mother when the child’s born – will not lose it if divorced/the civil partnership is dissolved.
- Fathers who are not married to the mother but registered on the child’s birth certificate. The registration or re-registration must have taken place on or after 1 December 2003.
- Civil partners and same-sex partners of the birth mother who are registered as the child’s legal parent on the birth certificate. However, when the birth mother is married or in a civil partnership with another woman, there are scenarios where the partner won’t automatically get responsibility. Two examples are: if the partner doesn’t consent to the pregnancy or conception resulted from sexual intercourse.
Remember...
If you don’t get automatic responsibility, for example, if you’re a father who isn’t married or in a civil partnership with the birth mother, there are still ways for you to get parental responsibility.
How to get parental responsibility?
There are three main ways you can get parental responsibility, which include:
1. Parental responsibility agreement. This agreement is common between the mother and the father when the parents aren’t married or are in a civil partnership.
These agreements are not legally binding. Therefore, if a party decides to break the agreement’s terms, there’s no legal enforcement.
2. Apply for a court order. If you and the child’s mother can’t form an agreement, you can apply for a court order. When applying for a court order, you must complete the process correctly to ensure the best chance of success.
3. Adopt the child. If you’re not a child’s birth parent, but you have concerns over the child’s wellbeing, you can apply to adopt a child. Adopting a child gives the adopter parental responsibility for the child. However, the adoption process can be complex, especially if the birth parents were to contest. For more information on how to legally adopt a child, please visit our adoption page.
How to change parental responsibility?
Generally speaking, the only way you can change parental responsibility is by applying to the courts. Furthermore, the courts will always make decisions in line with the child’s best interests.
For more information, please contact our specialist child law solicitors on 020 3007 5500.
What is a parental responsibility order?
A father can apply for a parental responsibility order if they don’t automatically have the responsibility, and an agreement can’t be agreed upon with the birth mother.
The family court’s main priority with child law matters is the wellbeing of the child. Therefore, the court will consider the following:
- The father’s degree of commitment to the child
- Whether the father currently has a good relationship with the child
- The reasoning for the father making the application. For instance, whether the father wants to have more involvement in the child’s upbringing
How can Britton and Time Solicitors help?
We know how stressful and costly boundary disputes can be. That’s why our initial consultations with our boundary dispute solicitors offer you:
- Unlimited time to go through the details of your case and ask any questions you may have
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
For more information, please visit our child law page, or contact our solicitors directly on 020 3007 5500.
Would it make sense for parental responsibility to begin at conception? Children are conceived, after all, and prenatally develop. They exist pre-birth. There are many known concerns for harm done to children while in utero, such as certain drugs, alcohol, certain foods, even the cat’s litter box. Why would a parent not have any responsibility toward their child for this duration of their child’s life, while they are dependents, and before their 18th birthday? Also, with the advancement of genetic engineering, and technology known as CRISPR, should a parent have the freedom to genetically modify their children during the embryonic development phase, potentially turning their children into circus freaks to become attractions at the parents’ circus carnival, for example? Do parents not have any responsibility to “protect and maintain the child’s welfare” pre-birth?