Following on from our previous article, parental rights we wanted to touch upon a significant topic of Parental responsibility. It’s an area of concern that we are often asked about, therefore wanted to create a comprehensive guide to help you navigate your way through it.
What is it?
Parental responsibility refers to the legal rights, duties, powers, responsibilities, and authority a parent has concerning their child. It encompasses everything from making decisions about the child’s education and medical care to determining where the child will live and what religion they will follow. It is the legal framework that governs how a parent can make decisions on behalf of their child, ensuring the child’s welfare is safeguarded.
Parental responsibility is not only about the big decisions; it also includes day-to-day tasks like feeding, clothing, and caring for the child. It is important to note that parental responsibility does not involve the right to see the child or have contact with them. Instead, it’s about the responsibility to ensure the child’s well-being.
Who can have parental responsibility?
In England and Wales, there are several individuals, including:
- Biological mothers: Automatically granted parental responsibility upon the birth of the child.
- Biological fathers: If married to the mother at the time of the child’s birth, the father automatically has parental responsibility. Unmarried fathers can obtain it by:
- Being named on the birth certificate (for children born after December 1, 2003).
- Entering into an agreement with the mother.
- Obtaining an order from the court.
- Stepparents: They can acquire parental responsibility by entering into an agreement with the child’s mother (and father, if he has it) or by applying to the court for an order.
- Adoptive parents: When a child is adopted, the adoptive parents assume full parental rights and responsibility, which extinguishes the parental rights of the biological parents.
- Guardians: A guardian appointed upon the death of a parent or by a court can assume parental responsibility.
- Other specific individuals: In some cases, others, such as grandparents, may apply to the court for parental responsibility if it is in the child’s best interests.
When partners separate
When parents separate or divorce, parental responsibility does not automatically change. Both parents usually retain their responsibility, regardless of who the child lives with. This means that both parents must continue to make joint decisions about significant aspects of the child’s life.
However, disputes can arise, especially when one parent feels the other is not acting in the child’s best interests. In such cases, the parents may need to seek legal advice or mediation to resolve the issue. If an agreement cannot be reached, they might need to apply to the court for a specific issue order or a prohibited steps order, depending on the situation.
Resolving disputes
When parents cannot agree on matters concerning their child, several legal routes can be taken:
- Mediation: Parents are encouraged to undergo mediation to resolve disputes amicably without going to court. Mediation can help parents reach a mutual agreement that benefits the child without the stress and expense of litigation.
- Specific issue order: If parents cannot agree on a particular issue (e.g., which school the child should attend), either parent can apply to the court for a specific issue order. The court will decide based on the child’s best interests.
- Prohibited steps order: If one parent fears the other might decide they disagree with, they can apply for a prohibited steps order to prevent that action. For example, this could be used to stop a parent from taking the child out of the country without consent.
- Child arrangement order: This order can determine where the child will live and how much time they will spend with each parent. This order can also outline other aspects of the child’s upbringing.
Processes linked to parental responsibility
Several legal processes and protocols are linked to the exercise of parental responsibility:
- Agreements: Unmarried fathers, stepparents, or others who wish to obtain parental rights can enter into a parental responsibility agreement with the child’s mother. This agreement must be signed and witnessed by a court officer.
- Court orders: If an agreement cannot be reached, individuals may apply to the court for a parental responsibility order. The court will consider the applicant’s relationship with the child, the level of commitment shown, and any other relevant factors.
- Changing a child’s name: Changing a child’s surname requires the consent of everyone with parental responsibility. If consent is not given, the matter can be taken to court.
- Travel and medical decisions: Both parents with responsibility must consent to decisions like taking the child abroad or undergoing certain medical treatments. Disputes on such matters may require a court’s intervention.
The significance
Parental responsibility is a vital aspect of a child’s upbringing, ensuring that their welfare is protected and their needs are met. Understanding who can have parental rights and responsibility and how it works, especially after separation, is crucial for ensuring the child’s best interests are always prioritised. When disputes arise, mediation, legal advice, and the court system are available to help parents navigate these complex issues.
If you find yourself in a situation where parental responsibility is in question or need advice on how to manage the responsibility after a separation, it’s essential to seek professional legal guidance. Our team at Higgins Miller Solicitors is here to help you navigate these challenging times, ensuring that your child’s well-being is at the heart of every decision made.
For all further information on anything covered in this article, or if you still feel you have any unanswered questions, please don’t hesitate to give us a call at 0161 429 7251. For those clients who prefer to communicate online, feel free to email us at [email protected].