What is Parental Responsibility?
Parental responsibility is the law’s way of trying to define the responsibility and the rights that parents have to their child. Both married mums and dads have parental pesponsibility.
Effectively, parental responsibility provides the holder the right to be involved in the day to day management of the child’s life. Practically, the holders of parental responsibility are entitled to be given information regarding children’s education and welfare.
Parental Responsibility Agreements
Each parent can generally exercise their parental responsibility independently of the other and, in a day to day situation, there is normally no requirement for parents to consult with the other prior to exercising their parental responsibility.
On certain important decisions it is essential that everyone with Parental Responsibility is consulted. A common example of this would be where one parent takes a child abroad, maybe even just for a holiday. If there is no Child Arrangements Order with a residence element in place, this cannot be done without the consent of the other parent/guardian. If this does happen, we can help make the relevant emergency application through the Court for the return of the child or children.
Unmarried Parents Parental Responsibility Rights
The position for unmarried parents is different. Unmarried mothers have parental responsibility for their child. An unmarried father whose name is on the birth certificate and the child was born after 1st December 2003 also has it. An unmarried father whose name is on the birth certificate also has parental responsibility.
An unmarried father whose name is not on the birth certificate can acquire parental responsibility by either:
- Entering into a parental responsibility agreement with the mother
- Obtaining a Parental Responsibility order of the Court
- Marrying the mother of his child
- By ensuring his name is on the birth certificate, either originally or by re-registration of the child’s birth to include the father’s name
The Child’s Welfare
The minimisation of the effect your separation has on your children must always be the main concern. Even when there is a good reason to part, the situation can affect the child’s mental health, dietary habits, sleeping patterns, education and social life, so understanding and due care are required of both parties at all times.
Advice on Child Arrangement Orders
How Can Our Family Law Solicitors Help?
Our expert solicitors in Sheffield, Chesterfield and Mansfield are highly experienced and will treat each case uniquely depending on your circumstances. Our family law team achieve solutions through confidential settlements and are always on hand to provide support as we know going through a divorce process can be stressful.
We have offices in Chesterfield, Sheffield, Dronfield and Mansfield.
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