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Parental responsibility
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Parental responsibility is a creation of law which governs the rights, duties and responsibilities which a parent has towards a child. It governs the day-to-day decisions which every parent makes in respect of the child but also the more significant decisions involving education, religion, medical intervention etc. Parental responsibility is rarely an issue until parents separate, as up to that point they would have habitually made all decisions on a joint basis.
All mothers automatically have Parental Responsibility for their children. All married fathers also have Parental Responsibility for their own children of the relationship. Unmarried fathers are in a different position. This can commonly cause a problem when a relationship between unmarried parties breaks down as it is often only then that an unmarried father becomes aware that he has not got Parental Responsibility in respect of his children.
The position is different pre 1st December 2003 and post 1st December 2003.
Pre 1st December 2003
An unmarried father can only obtain Parental Responsibility to a child in one of three ways. Firstly by subsequently marrying the child’s mother. Secondly by entering into a Parental Responsibility Agreement with the mother. Thirdly by applying to the Court for a Parental Responsibility Order. If an unmarried father has shown commitment to his child and there is ongoing contact between them it is likely that an application for Parental Responsibility will succeed. This will give the father the same legal status regarding the child as the child’s mother.
Post 1st December 2003
The Adoption and Children Act 2002 makes changes to the Children Act 1989. This provides that an unmarried father will automatically acquire Parental Responsibility for his child if he is registered on the child’s birth certificate as the father. It is important to note that these provisions only came into effect on the 1st of December 2003 and only apply to children born on or after that date.
If a father is not registered on the Birth Certificate of a child born after the 1st of December 2003 he can subsequently be registered as the father with the consent of the mother. Alternatively he can seek the mother’s agreement to entering into a Parental Responsibility Agreement. If the mother does not agree then Parental Responsibility can be acquired by making an application to the Court. The Court’s willingness to grant Parental Responsibility may depend upon receiving satisfactory explanations as to why the father is not able or willing to participate in joint registration after the child’s birth as well as considering the father’s attachment and commitment to the child.
Please contact our Matrimonial team on:
Tel: 01825 762281
e-mail: matrimonial@dawson-hart.co.uk
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Glossary
A person appointed when either no Will can be found or there is no executor to carry out the intentions of the Will
Granted by the Probate Registry to administrators (usually the next of kin) where there is no Will, to give them the authority they need to act and to administer/distribute the estate.