Lifestyle Advice > Legal > Parental Responsibility

If you have Parental Responsibility the law recognises you as having all the legal powers to make appropriate decisions in relation to the upbringing of a child. Practically, having Parental Responsibility will, amongst other things, allow you to contact the child’s GP to obtain or discuss medical treatment and to play an active role in the child’s education, giving you access to school reports, parents evenings, etc.

A mother automatically has Parental Responsibility for her child, as do married fathers. Unmarried fathers may also have Parental Responsibility depending on when the child was born, whether the father is named on the birth certificate or whether there is a Parental Responsibility Agreement or Order. If you are in doubt as to whether a father has Parental Responsibility is it best to consult a legal advisor.

On the 5th December 2005 the Civil Partnership Act 2004 came into force, allowing same sex couples to register their commitment to one another. The Act had an impact on a number of related laws in the UK. Upon the registering of a Partnership the partner who is the non-parent legally becomes a ‘step parent’ to any children born to their partner. This would include any adopted child.

If you wish to have Parental Responsibility for your Partner’s children it can be obtained in one of the following ways:

• by entering into a voluntary Parental Responsibility Agreement with every person who has Parental Responsibility for the child concerned, or
• by obtaining an order of the court. This could be a Parental Responsibility order or a Residence order (which would give Parental Responsibility to the person with Residence for the life of the Residence order).

Before the court will make an order granting Parental Responsibility, a step-parent would need to establish that there is a degree of commitment to the child; a degree of attachment exists between the child and the step-parent and that the application is being made purely in the interests of the child’s welfare.

Once you have Parental Responsibility it must be exercised appropriately and jointly with all persons who share Parental Responsibility for the child.

Parental Responsibility comes to an end when the child attains the age of 18 years or by court order if earlier.

If Parental Responsibility is only needed for a temporary period anyone with Parental Responsibility can delegate to another. This would allow the delegate to do what is reasonable in all circumstances for the purposes of safeguarding or promoting a child’s welfare. For example allowing you to take your step-child to the doctors whilst your civil partner was at work.

It’s a complicated area of the law and if you are in any doubt about your rights and responsibilities relating to children do take advice. 

This article was written by Joanne Bennett who is a specialist family solicitor with Woolley & Co solicitors. Joanne regularly advises those experiencing difficulties with the parenting of their children in respect of theirs rights and obligations.
If you have a problem concerning Parental Responsibility or a related child issue contact Joanne by email at Joanne.bennett@divorce-lawfirm.co.uk or call 02476 490407.