Parental Responsibility is an attempt to focus on the parents' duties towards their child(ren) rather than the parents' rights over their child(ren).
Those who have Parental Responsibility for children are allowed to have a say in important decisions such as about the upbringing of a child, medical decisions, where the child goes to school, religion. Day to day decisions should be taken by the resident parent, or the person with whom the child lives, without interference from other Parental Responsibility holders.
Who has Parental Responsibility
Mother automatically have Parental Responsibility and do not lose it if divorced. Married fathers also automatically have Parental Responsibility and again, they will not lose it if they divorce. However fathers who are not married to the mother do not automatically have Parental Responsibility unless they are named on the child's Birth Certificate after 1 December 2003.
The law with regard to Parental Responsibility and maintenance considers both areas to be completely separate.
An unmarried father may not have automatic Parental Responsibility but still has a duty towards his child to provide support maintenance.
If a child was registered before 1 December 2003 and the father was not named on the Birth Certificate, the child can be re-registered to include the father's name. Once this has been done the father WILL have Parental Responsibility.
An unmarried father does have a right to apply to the Court for certain Court Orders in respect of his child; and if the child is in Local Authority care, he has a right to have reasonable contact with his child.
An unmarried father can obtain Parental Responsibility by:
- marrying the mother;
- having his name registered or re-registered on the Birth Certificate if his name is not already registered;
- making a parental Responsibility Agreement with the mother;
- obtaining a Parental Responsibility Order from the Court;
- obtaining a Residence Order from the Court; or
- becoming the child's Guardian after the mother has died.
Parental Responsibility cannot be transferred or relinquished. Parental Responsibility can be shared with another person, but not completely transferred. it is possible to delegate the responsibility of looking after a child to a child-minder, friend or relative, but the person with Parental Responsibility is still liable and responsible to ensure that proper arrangements are made for the child.
Temporary carers will not have Parental Responsibility but may do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child's welfare.
Only the Courts can remove Parental Responsibility from an adult.
Does the mother need to consent to having the father' name put on the Birth Certificate? If the parents are married to each other then either parent is able to register the birth and include both the mother and the father's name on the Birth Certificate. The consent of the other parent is not required.
If the parents are not married then the mother will need to consent to the father's name being put on the Birth Certificate and both the mother and father need to be physically present at the Register Office to sign the birth register. If one parent cannot attend, they must complete and sign a Statutory Declaration confirming they consent to being put on the Birth Certficate, but are unable to attend the Register Office. A Statutory Declaration is a formal document that must be signed by either a Commissioner or a Solicitor or the Court.
If the mother does not agree to include the father's name on the birth Certificate then the father can apply to the Court for a Parental Responsibility Order. If an unmarried father does not agree to having his name put on the Birth Certificate, the mother is unable to register him as the father.
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Parental Responsibility
TS FAMILY LAW ASSISTANCE
