Parental Responsibility Guide From Family Expert

The legal definition of Parental Responsibility means "the rights, duties, powers and responsibilities which a parent has by law in relation to a child and his or her property"

While the law does not define in detail what parental responsibility is, the following aspects are likely to be involved in practice:

Providing a home for the child, having contact with and living with the child, protecting and maintaining the child, disciplining the child, choosing and providing for the child's education, determining the religion of the child, agreeing to the child's medical treatment, naming the child and agreeing to any change of the child's name, accompanying the child outside the UK and agreeing to the child's emigration, should the issue arise, being responsible for the child's property, appointing a guardian for the child, if necessary, allowing confidential information about the child to be disclosed.

As a result, parents or anyone else who shares Parental Responsibility must consult each other on these issues.

Who has Parental Responsibility?

A mother always has parental responsibility for her child.

Unlike mothers, fathers do not automatically have Parental Responsibility; this can result in some fathers or mothers being unsure about who actually has it.

A father will automatically have Parental Responsibility if:

• He was married to the mother either at the date of the child's birth or if he marries her later or
• The child was born after the 1st December 2003 AND he is named on the birth certificate

A father can acquire it in the following circumstances:

• by a parental responsibility agreement with the mother
• by a parental responsibility order, made by a court

When a father applies to the court for parental responsibility, the court will take the following into account:

• the degree of commitment shown by the father to his child
• the degree of attachment between father and child
• the father's reasons for applying for the order

The court will then decide to accept or reject the application based on what it believes is in the child's best interest.

How long does it last?

It usually lasts until the child reaches a majority and can only be extinguished by a Court Order and usually only in exceptional circumstances.

Can people other than Parents obtain it?

Yes, sometimes other family members looking after the child may need it and may be granted it for a limited period and this will be by Court Order.

Do I need to pay maintenance for a child if I do not have it?

All parents have a legal duty to financially support their child, whether they have parental responsibility or not.