In this article Holly Covington, a senior associate in our Family team considers the concept of Parental Responsibility and its significance in the law relating to children.
What is Parental Responsibility?
Parental Responsibility is a concept which was introduced by the Children Act 1989. It means “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”.
In practical terms it gives a parent the right to make or be involved in making significant decisions about a child’s life. This could be decisions concerning their education, travel outside of England and Wales, their name and medical decisions. If both parents have it, it is equal and decisions should be made in discussion with the other holder of Parental Responsibility.
Who has Parental Responsibility?
All birth mothers will automatically have Parental Responsibility. A father who is married to the birth mother at the time of the birth will automatically have Parental Responsibility.
Parental Responsibility can be acquired in different ways which are:
A biological father attending to register the child’s birth and being named on the birth certificate;
A civil partner of a birth mother being named on a child’s birth certificate at the time of registration;
A Parental Responsibility Agreement entered into by the mother and other parent;
A Parental Responsibility Order as granted by the court;
In legal terms, having Parental Responsibility automatically gives you the right to make certain court applications under The Children Act 1989, such as orders to spend time with a child or Prohibited Steps Orders.
Can Parental Responsibility be removed?
Underpinning the Children Act is the “welfare principle”, which establishes that the child’s welfare shall be the court’s paramount consideration when making any decisions about the child, including whether to grant or remove Parental Responsibility.
The court regards the removal of Parental Responsibility as a draconian step and will only remove Parental Responsibility from a parent in exceptional circumstances.
In the recent case of Re P, the court had to be satisfied that not only were there exceptional circumstances but that the removal was in the child’s best interests and that it was an appropriate and necessary step in regulating the child’s life.
Domestic abuse and related criminal convictions will be relevant to an application and it is likely that evidence will be required to establish how the retention of Parental Responsibility could enable continued controlling behaviour through the improper exercise of it in connection with the child’s life.
Where it may not be appropriate to remove Parental Responsibility, the court does have the power to restrict a parent’s use of it by for example, making orders preventing the removal of a child from the jurisdiction. Alternatively, if there is a dispute between two parents with Parental Responsibility, either parent may apply to the court for the court to make the decision.
Our specialist team of Family solicitors will be able to advise you as to whether you have or are able to acquire Parental Responsibility and of your options if you wish to apply to remove another parent’s Parental Responsibility.
