I AM L.I.P

I AM L.I.P

I am a Litigant In Person

What Is Legal Parental Responsibility?

 

WHAT DOES PARENTAL RESPONSIBILITY MEAN?

Parental responsibility is a term used to describe the responsibilities, authority, duties, powers and legal rights a parent should fulfil for a child.

LINK TO GOVERNMENT WEBSITE FOR PARENTAL RIGHTS AND RESPONSIBILITIES.

LINK TO GOVERNMENT WEBSITE FOR YOUR PARENTAL RESPONSIBILITY

WHAT DOES UK LAW SAY WHAT PARENTAL RESPONSIBILITY IS?

Parental responsibility is defined in the CHILDREN ACT 1989 ACT SECTION 3.1 passed by the government. It says:

In this act “parental responsibility” means 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.

LINK TO GOVERNMENT WEBSITE FOR CHILDREN ACT 1989 SECTION 3

WHAT DOES PARENTAL RESPONSIBILITY INCLUDE?

If you have parental responsibility for a child you are responsible for:

  1. Making decisions about medical treatment.
  2. Making sure the child gets an education.
  3. Making decisions which schools they attend.
  4. Discipline 
  5. Providing a home and living with them. 
  6. Providing food and clothing for the child.
  7. Safeguarding and protecting the child from harm. 
  8. Supervising the child.
  9. Choosing the child’s religion.
  10. Looking after the child’s property and assets.
  11. Financially support the child.
  12. Caring for the child’s diet, personal hygiene, sleep, and relations with others. 
  13. Naming the child.

HOW SHOULD PARENTAL RESPONSIBILITY NOT BE REGARDED?

Parental responsibility focuses on the parents’ responsibilities and care towards their child. It does not refer to the rights of a parent over the child and the child’s property.

A parent who has parental responsibility does not have the automatic right to spend time with the child. 

THE MOTHER AND PARENTAL RESPONSIBILITY?

The law says the biological mother of a child gets automatic parental responsibility for a child from birth.

THE FATHER AND PARENTAL RESPONSIBILITY?

Unlike the birth mother who gets automatic parental responsibility, the birth father has parental responsibility ONLY in the following circumstances:

  1. He registered the birth jointly with the birth mother and he is named on the child’s birth certificate as the child’s birth father. 
  2. The birth mother has re-registered the child’s birth but added the biological fathers details but she has not married the biological father or entered into a civil relationship with him. The form used for this is form GRO 185. Please click the link below.
  3. He is named on the birth certificate  issued after 01-12-2003 as the birth father but was not and is not married to the birth mother.
  4. He was legally married to the birth mother at the time of the birth of the child.
  5. He married the mother after the child was born.
  6. He has a court order which gives him parental responsibility. 
  7. He has a formal parental responsibility agreement with the birth mother.

LINK TO OUR L.I.P HELP GUIDE FOR FORM GRO 185

LINK TO GOVERNMENT WEBSITE WHO HAS PARENTAL RESPONSIBILITY.

THE SECOND FEMALE PARENT AND PARENTAL RESPONSIBILITY?

If the birth mother has a female partner and is either married to her or in a civil partnership with her then she will be known as the second female parent. If this is the case she will have parental responsibility for the child.

If the second female parent was not in a marriage or was not the civil partner of the birth mother then she will not have parental responsibility unless:

  1. She registered the birth jointly with the birth mother and is named on the child’s birth certificate.
  2. She married the mother after the child was born.
  3. She has a court order which gives her parental responsibility. 
  4. She has a formal parental responsibility agreement with the birth mother.

EVERYBODY ELSE AND PARENTAL RESPONSIBILITY?

We have discussed the mother, the father and the second female parent above. If anybody else besides these 3 individuals wants parental responsibility for a child the only way they can get it is through the court. The court has to issue a court order such as one of the following for someone to get parental responsibility:

  1. A residence or custody order.
  2. A child arrangements order
  3. A guardian order.
  4. A special guardianship order
  5. A step parental responsibility order
  6. An emergency protection court order
  7. An adoption order
  8. An parental order after surrogacy
  9. A care order. The local authority can apply for a care order.  

All applications to the court asking for parental responsibility including adoption are scrutinised by the court and a court order for parental responsibility issued after a great deal of due diligence. 

CAN AN INDIVIDUAL GET PARENTAL RESPONSIBILITY THROUGH THE COURT IF THE MOTHER AGREES TO THEM HAVING PARENTAL RESPONSIBILITY?

If you want to get parental responsibility for a child and the mother agrees you will need to make a parental agreement application to the family court for them to sign  To make this parental agreement application you normally need to be a step-parent, father or second female parent. 

  • If you are the biological father of the child (and the mother agrees) you will need to complete form C(PRA1) and send it to your local family court.

LINK TO OUR L.I.P HELP GUIDE FOR FORM C(PRA1)

LINK TO FIND YOUR LOCAL FAMILY COURT

  • If you are the step-parent for the child (and the mother agrees) you will need to complete form C(PRA2) and send it to your local family court.

LINK TO OUR HELP GUIDE FOR FORM C(PRA2)

  • If you are the second female parent for the child (and the mother agrees) you will need to complete form C(PRA3) and send it to your local family court.

LINK TO OUR HELP GUIDE FOR FORM C(PRA3) 

CAN AN INDIVIDUAL GET PARENTAL RESPONSIBILITY THROUGH THE COURT IF THE MOTHER DOES NOT AGREE TO THEM HAVING PARENTAL RESPONSIBILITY ?

If you want to get parental responsibility for a child and the mother does not agree or you and the mother cannot agree on the arrangements then you can apply to the court for a parental responsibility court order. You will need to complete form C1 and send it to your local family court.

LINK TO OUR L.I.P HELP GUIDE FOR FORM C1

HOW CAN A BIOLOGICAL FATHER GET PARENTAL RESPONSIBILITY IF HE IS NOT NAMED ON THE BIRTH CERTIFICATE OR MARRIED TO THE MOTHER ?

If a father is NOT named on the birth certificate of a child, how else can he acquire parental responsibility? A few ways are:

  • If the child has been born after 01-12-2003 the mother and biological father can re-register the child’s birth but this time add the biological fathers name as long as she has not married the biological father or entered into a civil relationship with him. The form used for this if form GRO 185.

LINK TO OUR L.I.P HELP GUIDE FOR FORM GRO 185

  • The father can make an application to the family court to obtain guardianship of the child upon the death of the mother. The form the father can complete and submit to the family court is called Form C1.

LINK TO OUR L.I.P HELP GUIDE FOR FORM C1

  • The father can make a parental responsibility agreement with the mother of the child. The form needed for this is Form C(PRA1).

LINK TO OUR L.I.P HELP GUIDE FOR FORM C(PRA1)

  • The father can make an application to the court for a parental responsibility court order. The form you will need to submit is Form C1

LINK TO OUR L.I.P HELP GUIDE FOR FORM C1

  • The father can legally marry the mother of the child or enter into a civil relationship. 

CAN A PERSON WHO HAS PARENTAL RESPONSIBILITY RELINQUISH IT?

No they cannot. Only the family court has the power to remove parental responsibility. 

A mother or father does not lose parental responsibility for a child once they divorce nor can they relinquish it.

If the biological parents of a child give the child up for adoption then only the court can do this and remove their parental responsibility. 

CAN A CHILD ASK THE COURT TO REMOVE PARENTAL RESPONSIBILITY?

Yes they can. A child can make an application to the court to discharge parental responsibility for the following individuals:

  1. A step parent
  2. A second female parent
  3. A father not married to the biological mother.

CAN A CHILD REMAIN IN CONTACT WITH A PARENT ONCE THEIR PARENTAL RESPONSIBILITY HAS BEEN REMOVED?

Yes the child can remain in contact if the child wishes to do so.

IF TWO PARENTS ARE MARRIED WHAT DOES THAT MEAN WITH REGARDS TO PARENTAL RESPONSIBILITY?

In this case both married parents have parental responsibility for the child.

IF TWO PARENTS ARE SEPARATED WHAT DOES THAT MEAN WITH REGARDS TO PARENTAL RESPONSIBILITY?

If two parents are separated, both parents still legally retain their parental responsibility. The parent that continues to live with the child becomes parent 1 (the resident parent). It is the duty of parent 1 to include parent 2 (the non-resident parent who lives away) in all decisions regarding the child. 

Parent 1 can make small day to day decisions about the child without consulting parent 2 because this is not always possible but when it comes to major decisions, parent 2 has to agree. 

One such decision is parent 1 moving abroad or across the country with the child. Parent 2 has to agree in writing.

If both parents disagree and cannot reach an agreement then the first thing both parents must do is attend mediation and see if the situation can be resolved. If there is still no agreement between parents 1 and 2 after mediation then parent 2 can make an application to the court and apply for a SPECIFIC ISSUE ORDER or a PROHIBITED STEPS ORDER. The form you will need for this is form C100.

LINK TO OUR L.I.P HELP GUIDE FOR MEDIATION

LINK TO FIND YOUR LOCAL FAMILY COURT

LINK TO OUR L.I.P HELP GUIDE TO FORM C100.

CHILD ISSUES YOU WILL NEED TO INFORM THE OTHER PERSON WITH PARENTAL RESPONSIBILITY ABOUT?

There are things that you will deal with as a parent which you must bypass or get the consent of the other parent. These things are:

  1. Emergency medical treatment’
  2. Major medical treatment’
  3. Moving home.
  4. Going for a holiday abroad.
  5. Anyone coming to live with you and your child.

You do not need to inform the other parent about the following issues with your child:

  1. Routine dentist visits
  2. Routine GP visit.
  3. Basic discipline issues.
  4. Parent evenings
  5. School functions
  6. Going to church
  7. Religious events and functions
  8. Sports days

CAN MORE THAN 2 PEOPLE HAVE PARENTAL RESPONSIBILITY FOR A CHILD?

Yes more than two people can have parental responsibility for a child.

CAN AN ORGANISATION GET PARENTAL RESPONSIBILITY FOR YOUR CHILD? 

Yes they can. Your local authority can apply to the court and acquire parental responsibility if they feel your child is in danger or at risk. The high court can also acquire parental responsibility through wardship. 

AT WHICH AGE DOES YOUR PARENTAL RESPONSIBILITY STOP?

When your child is 18 years of age your parental responsibility stops.