PARENTAL RESPONSIBILITY

This is 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. The person with parental responsibility may not surrender or transfer the responsibility, but may delegate to a child’s school or the local authority. It includes such matters as providing a home and care for and control of their child. It also includes consent to medical treatment although children over 16 consent themselves. The parent has to maintain the child financially, provide education, agree to change of name, appoint a guardian.

The prohibited steps order may be made to stop the parents carrying out parental responsibility in an inappropriate way.

Who has parental responsibility?

Joint parental responsibilities reside in parents married at the time of child’s birth and those who have married since. Where the parents are not married, the mother will have automatic parental responsibility. The unmarried father may obtain parental responsibility in one of five ways:

• entering a PR agreement with the mother;
• applying to the court;
• applying to the court for residence order and it is granted;
• being appointed guardian by the court;
• being appointed guardian by the mother or by another guardian.

If the father applies to the court for parental responsibility it is up to the court to decide whether it is in the best interests of the child to grant it.

The court will need to be convinced that the applicant is the child’s father.

This will be on the civil standard of proof of evidence, that is on the balance of probabilities. Also the court will need to see commitment by the father.

The father will also need to show a degree of attachment and the reasons for applying for the order. In all cases the welfare of the child must be paramount.

Neither lack of contact nor friction between the parents is a reason for refusing a parental responsibility order. Lack of a contact order does not preclude a PR order. PR can be terminated if the father does anything which may harm the child. The lack of maintenance payments does not of itself affect PR, but it is one of the factors.

The following may acquire parental responsibilities:

• step-parents, although they do not acquire it automatically on marrying the natural parent;
• guardians;
• adopters;
• local authorities when they acquire a care order;
• anyone who has a residence order.

Parental responsibility ends when:

• a court order ends or the agreement ends;
• the child becomes 18.

Presumption of no order

The Act has the philosophy of non-intervention whereby is meant that there is a presumption that the court will not make an order where the courts decide not making an order is in the best interest of the child. It has been decided that parents are the right people to make decisions about the welfare of their children. Therefore any order that needs to be made must have positive benefits. There is also a policy of no delay.