Parental Responsibility

What is parental responsibility?

While the law does not define in detail what parental responsibility is, the following list sets out the key roles:

* providing a home for the child
* having contact with and living with the child
* protecting and maintaining the child
* disciplining the child
* choosing and providing for the child’s education
* determining the religion of the child
* agreeing to the child’s medical treatment
* naming the child and agreeing to any change of the child’s name
* accompanying the child outside the UK and agreeing to the child’s emigration, should the issue arise
* being responsible for the child’s property
* appointing a guardian for the child, if necessary
* allowing confidential information about the child to be disclosed

Who has parental responsibility?

In England and Wales, if the parents of a child are married to each other at the time of the birth, or if they have jointly adopted a child, then they both have parental responsibility. Parents do not lose parental responsibility if they divorce, and this applies to both the resident and the non-resident parent.

This is not automatically the case for unmarried parents. According to current law, a mother always has parental responsibility for her child. A father, however, has this responsibility only if he is married to the mother when the child is born or has acquired legal responsibility for his child through one of these three routes:

* (from 1 December 2003) by jointly registering the birth of the child with the mother
* by a parental responsibility agreement with the mother
* by a parental responsibility order, made by a court

Living with the mother, even for a long time, does not give a father parental responsibility and if the parents are not married, parental responsibility does not always pass to the natural father if the mother dies.

All parents (including adoptive parents) have a legal duty to financially support their child, whether they have parental responsibility or not.

Applying to the courts for parental responsibility

A father can apply to the court to gain parental responsibility. In considering an application from a father, the court will take the following into account:

* the degree of commitment shown by the father to his child
* the degree of attachment between father and child
* the father’s reasons for applying for the order

The court will then decide to accept or reject the application based on what it believes is in the child’s best interest.

5 Responses to Parental Responsibility

  1. louise says:

    my husband walked out the day before xmas eve, im trying to stay strong for the kids, i just need to know how much contact to give him and maintance i should reieve bearing in mind he hardly spent time with the children when he lived here.
    thank you

  2. Dawn Doolan says:

    I split with my childs biological father when she was 3 months old and up until she was 1 and half he had contact with her every now and again. It has been now 5 years since he has seen my daughter or paid any money for her. I am now in a loving relationship and have been for 5 and half years we are engaged and due to be married. My fiance brings my daughter up as his own and she beleives that this is her father. We had another child this year and our family is complete. My fiance wants to adopt my daughter and we want her biological fathers right taken away. How would we do this and would her biological father have the right to refuse?

  3. Karl Wright says:

    Do i have a right to know where my son lives if i have parental responsibility?

  4. admin says:

    What is your current situation?

  5. arsalane derfoufi says:

    How can I get to see my son.

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