What is Parental Responsibility?
Parental Responsibility (PR) is defined by the Children Act 1989, Section 3(1) as:
"All the rights, duties, powers, responsibilities, and authority which by law a parent of a child has in relation to the child and their property."
In practice, courts place greater emphasis on a parent’s responsibilities than their rights. The focus is on the child’s rights to:
- Have a formal record of their parentage and identity.
- Maintain a meaningful relationship with their parents.
PR acknowledges that parenting involves taking responsibility for a child’s upbringing. It includes:
- Caring for the child’s day-to-day needs.
- Ensuring the child receives an education.
- Providing medical care.
- Managing the child’s property.
Who Has Parental Responsibility?
Parental Responsibility is automatically shared between married parents and can also be shared between separated or divorced parents. Below are the key individuals who may hold PR:
- Mothers: Automatically have PR from the moment of the child’s birth.
- Married Fathers: Automatically have PR, even if the marriage ends in separation or divorce.
- Unmarried Fathers:
- Automatically have PR if their name is on the child’s birth certificate (for children born on or after 1st December 2003).
- Can acquire PR through a Parental Responsibility Agreement or a Parental Responsibility Order.
- Adoptive Parents: Gain PR upon legally adopting a child.
- Special Guardians: Hold PR for the child under a Special Guardianship Order.
Decisions and Practical Implications of Parental Responsibility
1) Day-to-Day Decisions
When a child is with a parent, that parent is responsible for routine, day-to-day decisions. This includes minor matters such as:
- What the child eats.
- Routine school activities.
- Basic medical decisions (e.g., treating a minor illness).
2) Major Decisions
Significant decisions must involve consultation with all individuals who hold PR, where practical. Examples include:
- Which school the child will attend.
- Decisions about medical treatments that are not routine or minor.
In emergencies, decisions can be made without prior consultation if it is in the child’s best interests.
Parental Responsibility and the Birth Certificate
For mothers, having automatic PR does not change if an unmarried father is later added to the child’s birth certificate or acquires PR through an agreement or court order. This ensures that the mother retains her rights as a parent.
Contact and Parental Responsibility
Having PR does not automatically grant the right to spend time with the child. Many parents, particularly fathers, hold PR but may have no direct or only limited indirect contact with their child.
If contact arrangements cannot be agreed upon, parents can apply to the family court for a Child Arrangements Order to formalise contact. Family mediation is often encouraged before court proceedings to resolve disputes amicably.
How to Acquire Parental Responsibility
Fathers who do not automatically qualify for PR can acquire it in two main ways:
- Parental Responsibility Agreement: Both parents agree to share PR. Family mediation can help facilitate this agreement.
- Parental Responsibility Order: Applied for through the court using Form C100.
Applying for a Parental Responsibility Order
The application for a Parental Responsibility Order is made using C100 Form. To help, we’ve created a free guide explaining how to complete the form and the process involved.
For further details on Parental Responsibility Agreements and Orders, visit our blog for additional resources.
Conclusion
Parental Responsibility is a legal acknowledgment of a parent’s duties towards their child, ensuring their welfare is prioritised. Whether you are seeking to formalise PR or need support with related matters, understanding the responsibilities and rights involved can help you navigate the family law system effectively.