Parental responsibility is defined in s 3(1) Children Act 1989 as:
“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”.
A mother automatically has parental responsibility over their child, whereas for a father it is not as simple.
A father of a child who is married to, or in a civil partnership with, the mother of the child will have parental responsibility. They will not lose this parental responsibility if they separate, divorce, or dissolve the civil partnership. An unmarried father can obtain parental responsibility over his child by being registered on the child’s birth certificate, or obtaining one of a number of Orders from the Court.
Other family members, or people not biologically related to a child, can acquire parental responsibility through various Court Orders if they become guardians for the child, or adopt the child.
In reality, having parental responsibility means being able to make decisions about a child’s life. These include, but are not limited to:
- Being able to change a child’s name
- Choosing where a child goes to school
- Taking the child abroad
- Being able to consent to medical treatment for a child
- Having access to a child’s medical information
Although it is possible to remove parental responsibility by making an application to the Court, it is extremely difficult. Successful applications are rare, and the Court will only remove parental responsibility in exceptional circumstances. These exceptional circumstances usually involve the parent
We have a dedicated Public Law Family Team who will be able to provide advice, if you require any further assistance then please contact a member of our team.
