A Parental Responsibility Order is a type of Court Order giving parental responsibility to a person who is not automatically entitled to it, such as an unmarried father.
If you need advice on any issues relating to Parental Responsibility Orders, our expert family law solicitors are on hand to assist. Dedicated to supporting clients with all family law matters, they will never confuse you with legal terminology but give their first-class legal advice in plain English.
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What Is Parental Responsibility?
‘Parental responsibility’ is the legal term for an individual’s rights and responsibilities as a child’s parent or guardian. The overarching responsibilities are to provide the child with a home and to protect and maintain them, but having parental responsibility also gives you a say in wider matters relating to the child’s upbringing, including the following:
• Disciplining the child.
• Deciding how and where the child should be educated.
• Deciding the medical treatment the child should receive.
• Choosing and changing the child’s name.
• Choosing the child’s religion.
Who Has Parental Responsibility?
A child’s birth mother automatically has parental responsibility. Fathers have parental responsibility if they are married to the mother at the time of the child’s birth. They retain parental responsibility if they later separate from the child’s mother.
If the child’s father is not married to the mother when the child is born, the situation is more complicated. Unmarried fathers do not automatically have parental responsibility, but they may obtain it in one of the following three ways:
- Jointly registering the child’s birth with the mother.
- Entering into a Parental Responsibility Agreement with the child’s mother.
- Securing a Parental Responsibility Order from the Court.
Unmarried fathers still have a duty to provide child support maintenance, regardless of whether they have parental responsibility.
What Is A Parental Responsibility Agreement?
Unmarried fathers and stepparents can secure parental responsibility by entering into a Parental Responsibility Agreement with the child’s mother.
Parental Responsibility Agreements must be in a prescribed form. Once you have completed the Agreement, you must take it to your local Family Court or the Central Family Court, where your signature will be witnessed by a justice of the peace, a justice’s clerk, or a court official with the requisite authority. A solicitor cannot witness your signature.
The child’s mother should take proof of ID with her when lodging the Parental Responsibility Agreement at Court. She also needs to prove that she is the mother, so she should take the child’s birth certificate. The father will also need to take his own proof of identity.
Copies of the Agreement must be lodged with the Principal Registry of the Family Division.
If you need help completing a Parental Responsibility Agreement and understanding its implications, our family law team, with their extensive expertise and experience, is ideally placed to advise.
If the mother will not agree to a Parental Responsibility Agreement, the person wishing to obtain parental responsibility will need to apply to Court for a Parental Responsibility Order.
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Who Can Apply For A Parental Responsibility Order?
To be eligible for a Parental Responsibility Order, you must be connected to the child.
This includes unmarried fathers, stepparents, and second female parents.
Our family law solicitors will advise you on your eligibility for a Parental Responsibility Order and assist you in preparing the necessary documentation.
When Will The Court Grant A Parental Responsibility Order?
The Court’s overriding concern when considering whether to make a Parental Responsibility Order is always the welfare of the child. Other issues it will take into account include the following:
- The degree of attachment between the applicant and the child.
- How committed the applicant is to their relationship with the child.
- How genuine the applicant’s reasons are for wanting parental responsibility.
Generally speaking, the Court is usually prepared to grant Parental Responsibility Orders in favour of unmarried fathers unless there are compelling reasons against doing so.
Parental responsibility can also be granted by the Court through Child Arrangements Orders, Adoption Orders, and Special Guardianship Orders. Our family law team will advise you on the appropriate type of Order for your situation and assist you in making the application.
Can A Parental Responsibility Order Be Terminated?
Only the Court can remove parental responsibility, and it will only do so in extremely limited cases. If you are unhappy with the decisions being made by your child’s other parent, it is usually more appropriate to seek other Court Orders against them, such as a Prohibited Steps Order, than trying to remove their parental responsibility.
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