What is it?

Under the Children Act 1989, “parental responsibility” means 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, for example:-

-Duty to ensure that the child is properly educated
-Right to consent to medical treatment
-Duty to feed and clothe the child and properly care for him

Who has parental responsibility?

Where a child’s father and mother were married to each other at the time of his birth, they both have parental responsibility for the child. Where a child’s father and mother were not married to each other at the time of his birth –

(a) the mother automatically has parental responsibility for the child
(b) the father does not automatically have parental responsibility for the child unless, for births registered after 1st December 2003, the father registers the birth jointly with the mother and his name is registered on the child’s birth certificate, as the child’s father.

How can an unmarried father obtain parental responsibility?

There are six ways by which an unmarried father may obtain parental responsibility:-

a ) for children born after 1st December 2003, by becoming registered as the child’s father on the child’s birth certificate (the unmarried father will not be able to register his name without the consent of the child’s mother). I.e. both parents jointly register the birth of their baby.

b) by subsequently marrying the child’s mother;

c) by entering into a Parental Responsibility Agreement (in the required form, which is then recorded by the Court) with the child’s mother;

d) if the child’s mother does not agree to the father acquiring parental responsibility, the father may apply to the Court for a Parental Responsibility Order. He is entitled to ask the Court to recognise his position as the father of the child and a Parental Responsibility Order confers on the committed father, the status of parenthood for which nature has already stated he must bear responsibility. The Court considers:-
(i) the degree of commitment the father has shown towards the child.
(ii) the degree of attachment between him and the child.
(iii) the reasons why he is applying for the Order.
(iv) the loss of self-esteem for the child who has a father without parental responsibility.
(v) any other relevant circumstances.

e) Where the Court makes a Residence Order in favour of an unmarried father (i.e. an Order stating that the child should live with the father), it must also make a Parental Responsibility Order in favour of the father, if he has not already obtained parental responsibility via an agreement with the mother or an Order of the Court.

f) if the father is appointed guardian either by the Court or by the mother, after the mother’s death.

In any matter concerning a child, the Court’s paramount consideration is the welfare of the child.

Parental responsibility for a step-parent

Where a parent (“parent A”) has parental responsibility and is married to a person who is not the child’s other parent (the step-parent)

-Parent A may enter into a Parental Responsibility Agreement (in the required form, which is then recorded by the Court) with the step-parent. If the other parent (“parent B”) of the child also has PR and agrees to the step-parent having PR, then both parent A and parent B can enter into the PR Agreement with the step-parent.
-The step-parent can apply to the Court for a Parental Responsibility Order.

Regardless of whether a person does or does not have parental responsibility for a child, that person must continue to meet any obligation which he may have in relation to the child, for example, duty to maintain the child. A person who does not have parental responsibility for a particular child but who has care of the child, may do what is reasonable for the purpose of safeguarding or promoting the child’s welfare.

NOTE
More than one person may have parental responsibility for the same child at the same time and where more than one person has parental responsibility for a child, each of them may act alone and without the other(s) in meeting that responsibility, unless, the Court requires the consent of all persons with parental responsibility, in a matter affecting the child. Also, the fact that a person has parental responsibility for a child shall not entitle him to act in any way which would be incompatible with any order made with respect to the child.

When does a Parental Responsibility Agreement/Order come to an end?

Only by an Order of the Court made on the application:

(a) of any person who has parental responsibility for the child, or
(b) with leave of the Court, of the child himself (provided the child has sufficient understanding).

Otherwise, parental responsibility lasts until a child reaches the age of 18.