The term “parental responsibility” or “PR” can sometimes draw blank looks from clients when mentioned by family lawyers. Not everyone is aware if they have parental responsibility for their child or what this actually means in practice.
Parental responsibility is defined by the Children Act 1989 as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to that child and their property”.
In practical terms, this means that those with PR are entitled to have a say in major decisions regarding their child, such as where they should live or attend school; what religion they are brought up in; what medical treatment they should receive; and what name they should be known by. PR lasts until the child is 18. Parents who share PR are expected to make decisions together regarding their child.
PR also means that neither parent can remove the child from the jurisdiction of England and Wales without the consent of all persons who they share PR with, or the permission of the Court, otherwise it may be considered as child abduction. “Consent” need only be informal but it is best to get it in writing, even if it is just a text message or email.
So who has PR?
- Mums automatically have PR, whether they are married to the child’s father or not.
- Dads automatically have PR if they are married to the mother at the time of the child’s birth or if they subsequently marry the child’s mother.
- If the child was born after 1st December 2003 and the father is named on the child’s birth certificate then he will have PR for the child.
- A Court Order can provide a person with PR even if they are not a biological parent of the child.
PR will continue even if the parents separate or divorce, and can only be removed by a Court.
So what if you do not have PR and want to acquire it?
This can be granted to a father by entering into a Parental Responsibility Agreement with the child’s mother. This is legal document which is signed by both parties and witnessed by a court officer. It is then filed at the Principal Registry of the Family Division in London.
If no agreement can be reached then the father can make an application to the Court. When making a decision the Judge will consider the father’s commitment and attachment to the child, and whether his reasons for applying are genuine. Generally a Judge will grant PR to the father unless he poses any risk to the child or the mother.
To discuss any divorce, separation or related matter, don’t hesitate to contact us on
0800 999 4437.
