Parental Responsibility: A Guide for Parents
What is Parental Responsibility?
Parental responsibility (PR) encompasses the legal rights, duties, powers, responsibilities, and authority that a parent has concerning their child. This
includes providing a home for the child, protecting and maintaining the child, and making decisions about the child's education, health, and welfare.
Who Has Parental Responsibility?
The acquisition of parental responsibility varies depending on several factors, including marital status, the child's birth, and legal agreements. Here is
a breakdown of how parental responsibility is typically assigned:
1.Biological Mothers: A mother automatically has parental responsibility from the moment of the child's birth.
2.Married Fathers: A father who is married to the mother at the time of the child's birth automatically has parental responsibility.
3.Unmarried Fathers: An unmarried father can acquire parental responsibility by:
Registering the birth jointly with the mother.
Entering into a parental responsibility agreement with the mother.
Obtaining a parental responsibility order from the court.
4.Step-Parents and Civil Partners: They can gain parental responsibility through a parental responsibility agreement or a court order.
Others: Other individuals, such as grandparents or guardians, can acquire parental responsibility by obtaining a court order, typically in cases
where the biological parents are unable to fulfill their responsibilities.
5.
What Does Parental Responsibility Entail?
Parental responsibility allows that person to make significant decisions regarding the child's upbringing. Key responsibilities include:
Education: Deciding on the child's schooling and educational needs.
Healthcare: Consenting to medical treatment and making healthcare decisions.
Religion: Choosing the child's religious upbringing.
Legal Representation: Representing the child in legal matters.
Living Arrangements: Determining where the child will live and who they will live with.
Disputes and Legal Resolution
Disagreements about parental responsibility and related matters can be resolved through mediation or legal proceedings. Courts prioritise the child's
welfare above all else when making decisions. Common orders include:
Child Arrangements Order: Specifies whom the child will live with and how much time they will spend with each parent.
Specific Issue Order: Resolves specific disputes, such as where a child should go to school.
Prohibited Steps Order: Prevents a parent from making certain decisions without the court's consent.
Understanding and exercising parental responsibility is vital for ensuring the welfare and proper development of a child. Parents must be
aware of their rights and obligations and work cooperatively to make decisions that serve the best interests of their children. In cases of
dispute, seeking legal advice from a solicitor can provide clarity and support in navigating the complexities of family law.
For further information or help navigating the challenges of family law contact us at info@looselegal.co.uk