We at Frisby & Small Solicitors have a specialist family law department dedicated to providing you with expert legal advice, assistance and representation.
We aim to provide you with an outstanding professional service that is highly sensitive with a view to conducting your case pragmatically & cost efficiently to achieve the best possible outcome.
Parental Responsibility is defined as “all the rights, duties, powers, responsibilities and authority which, by law, a parent of the child has in relation to the child and their property”.
Therefore if you have Parental Responsibility in the eyes of the law you are recognised as having all the legal powers to make and take appropriate decisions in relation to the upbringing of your child.
A mother automatically acquires Parental Responsibility by virtue of giving birth to her child. In addition a married father (irrespective of whether the parties were married at the time of the birth of the child) also automatically acquires Parental Responsibility in respect of his child.
As from the 1st December 2003 unmarried fathers who are registered on the birth certificate of their child will also automatically acquire Parental Responsibility in respect of their child.
Therefore this can come as a complete shock to those unmarried fathers who presumed by virtue of their biological status as the father of the child that they will have acquired an equal status as the mother, when in fact they will not have the same legal standing if -
This means that the unmarried father without Parental Responsibility will not be able to give permission for medical treatment or will not be legally entitled to school progress reports etc.
Before the Court will grant a Parental Responsibility Order the father will need to establish that he has a strong bond/connection with the child and that he is committed to the child’s upbringing. This application must be issued with the best interest of the child at heart.
Please contact us for advice on family law.