Description of the legal term Parental Responsibility:
Parental Responsibility (PR) refers to the legal rights, duties, powers, and responsibilities a parent has for a child and the child’s property. In England and Wales, this concept is codified in the Children Act 1989, which provides the statutory framework. A person with PR has the authority to make decisions about the child’s upbringing, which includes decisions regarding education, religion, medical treatment, and where the child lives.
The law automatically grants PR to the mother; however, the father’s rights can vary. A father will have PR if he is married to the mother at the time of birth or if he subsequently marries her. Unmarried fathers can obtain PR by jointly registering the birth with the mother, entering into a Parental Responsibility Agreement with the mother, or by obtaining a Parental Responsibility Order from the court. Additionally, as of 2003, if a father is listed on the birth certificate, he will have PR.
Adoption, residence or ‘lives with’ orders in favor of someone other than the parent can also confer PR, as can the appointment of a guardian. In certain circumstances, the local authority may be granted PR if the child is subject to a care order. Step-parents can acquire PR by entering into an agreement or applying for a court order.
PR aims to ensure that those with the role make decisions that are in the best interests of the child. It is an important mechanism for protecting child welfare and applies until the child reaches 18 or becomes legally emancipated.
A significant aspect of PR is that it cannot be transferred or delegated, although day-to-day care can be. Furthermore, more than one person can have PR for a child at a time, and each person can act independently in decisions about the child’s daily management. However, for significant matters, such as those that could have long-term impacts on the child’s future, all persons with PR should consult with each other and reach a joint decision.
Legal context in which the term Parental Responsibility may be used:
Consider a scenario where an unmarried couple has a child, and the father’s name is not on the birth certificate. The mother has automatically obtained PR by virtue of giving birth to the child. The father, desiring to be involved in important decisions such as the child’s education and health, decides to pursue PR. To achieve this, he and the mother can sign a Parental Responsibility Agreement form and register it at the court. If the mother does not agree, the father has the option to apply to the court for a Parental Responsibility Order. The court will consider the best interests of the child when deciding whether to grant PR to the father.
In another instance, a couple with children undergoes a divorce. The mother, who has PR, plans to take the children to live in another country. The father, who also has PR, does not agree with this decision as it would significantly impact his relationship with the children. Because the decision has long-term implications, the father can challenge the move in court. He may seek a Prohibited Steps Order to prevent the mother from relocating with the children without his consent, ensuring that his PR rights are taken into account.
The idea of PR is foundational in ensuring that child welfare is the paramount concern in any decisions involving children. It provides a legal framework that places the child’s needs at the forefront, while balancing the legal rights and responsibilities of parents and others with a significant role in the child’s life.