Parental responsibility is defined under s3(1) Children Act 1989 as being: 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.
What this means in reality is, the parent and/or person has specific duties towards the child. This can include:
a. providing a home and financial stability to the child;
b. making decisions relating to the child’s education;
c. making decisions relating to the child’s health;
d. how a child is disciplined
These are only a couple of examples.
How can an individual gain parental responsibility?
A mother automatically has parental responsibility for her child from birth.
However, this is different from father’s.
Father’s usually gain parental responsibility if he is:
a. married to the child’s mother;
b. listed on the birth certificate
Therefore, if both parents are married when their child is both, they both automatically have parental responsibility. They both keep parental responsibility if they later divorce.
However, what happens if an unmarried father has a child with the mother.
Well, an unmarried father can obtain parental responsibility in the following ways:
a. jointly registering on the birth certificate (post 01 December 2003);
b. getting a parental responsibility agreement with the mother; or
c. getting a parental responsibility order from the court.
Parental responsibility agreements
As mentioned above, an unmarried father can obtain parental responsibility by completing the parental responsibility agreement with the child’.
This is a legal arrangement that allows a parent to have parental responsibility without having to go to court. The purpose of a parental responsibility agreement is that it allows a parent or stepparent to obtain shared parental responsibility with the other parent.
However, in order for this agreement to be valid, it requires both parents to sign it and also have a court officer, at your local family court, witness it. A court fee will also be payable.
Before attending the court to sign the agreement, the parent(s) will need to bring a copy of the child’s birth certificate, proof of identity and the signed consent of every other person with parental responsibility.
An advantage of a parental responsibility agreement is that it allows unmarried fathers the same rights and responsibilities as the mother, including the right to be involved in important decisions about the child. It also promotes cooperation and shared responsibility between parents, which can overall benefit the child’s wellbeing as it will provide stability and support.
Parental responsibility order
Another way an individual can gain parental responsibility is through getting a ‘parental responsibility order.’ This is a court order that gives someone legal rights and duties for the care and upbringing of a child, and be ability to make certain decisions, as per the examples above.
Parents are only eligible for a parental responsibility order if they are not married or in a civil partnership with the other parent (as otherwise they would automatically have parental responsibility through marriage), if the other parent agrees to sign a parental responsibility order, the parent allows them to be registered on the birth certificate and if all parties can agree with the other parent about parental responsibility. Before applying for a parental responsibility order the parent must fill out an application form and then send this application to the court.
An advantage of a parental responsibility order is that it protects the child’s rights and ensures that the child has the right to be cared for and know their parents, guarantees a say in the child's life, it gives a person the right to be consulted about important decisions.
How can an individual lose parental responsibility?
Parental responsibility is straightforward to gain but very difficult to lose. The only way parental responsibility can be lost is through termination in the courts. These applications are rarely ever successful, meaning for a parent to lose responsibility for their child it must be for a significant reason.
In most cases, a parent can lose parental responsibility through another party adopting the child. A child is usually put up for adoption if a parent is unfit or unable to meet the child’s basic needs such as providing them with food and water. Putting a child up for adoption never happens instantly and requires social services to follow several steps. Firstly, they must assess the child and make a decision on whether the child is being affected physically, mentally or psychologically.
After they have made their decision, they usually ask both parents to attend counselling, so that they have a chance to change and provide the child a better quality of life. Social services will then be required to make a placement order so that the local authority can place a child with adoptive parents. Then the child is adopted.
Another way a parent could lose parental responsibility is through an order being made through the court. During a child case, if both parents are not acting in the best interests of the child and both parties are causing a detrimental impact on the child’s overall well-being, the court is entitled to make an order where both parents lose responsibility for the child, and they are put into care. This usually only happens in exceptional circumstances and is extremely rare.
Overall, parental responsibility is something anyone could apply for and just because someone is not the biological parent of a child does not mean they cannot share the same rights and responsibilities. However, it is important for parents to meet a child’s needs and ensure they are being taken care of properly otherwise their parental responsibility could be terminated.
If you have any questions about parental responsibility, please contact our Family Law team at Penn Chambers Solicitors.
Megan Clark
The information provided in this article is not intended to constitute professional advice and you should take full and comprehensive legal, accountancy or financial advice as appropriate on your individual circumstances by a fully qualified Solicitor, Accountant or Financial Advisor/Mortgage Broker before you embark on any course of action.
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