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Parental Responsibility

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 thecontact Frisby & Small solicitors parties were married at the time of the birth of the child) also automatically acquires Parental Responsibility in respect of his child.

Under the Adoption and Children Act 2002 and 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 -

  1. The child was born pre 1st December 2003 and the father has not acquired Parental Responsibility by virtue of marriage to the mother; or
  2. The child was born after the 1st December 2003 but the father has not been named on the child's birth certificate

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.

The Adoption and Children Act 2002 also provides for a step-parent to acquire Parental Responsibility by entering into a “Parental Responsibility Agreement” with the parents who have Parental Responsibility for the child; or by applying to the Court for an order.

A step-parent is defined as a person who is married to or is a civil partner of a parent of a child. 

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How to acquire Parental Responsibility

  1. As stated above, if the parties marry after the birth of their child the father will automatically acquire Parental Responsibility in respect of that child;
  2. By entering into a Parental Responsibility Agreement with the mother/parents, as appropriate;
  3. In the event that the mother/parents, as appropriate, refuse to enter into a Parental Responsibility Agreement by obtaining a Parental Responsibility Order from the Court;
  4. If the father is able to secure a Child Arrangements Order providing for a child to live with him, in respect of the child then this will also automatically entitle the unmarried father to acquire Parental Frisby & Small solicitors

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.

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