The Law on Parental Responsibility

Parental responsibility is the legal term given to the legal rights and responsibilities that mothers and fathers hold, and falls under the remit of family law. The term is summarised in Section 3 of the Children's Act 1989 in that "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". That is to say that parental responsibility, at its most basic level, regulates:

• protect and maintain a child
• provide a home for a child

To further this, parental responsibility means that anyone who has it, has the right to input in important decisions in their child's life. Some of the more obvious areas that this is relevant in are medical treatment, education and religion. Parental responsibility also means that a child cannot be permanently removed from the UK or have their name changed without prior agreement and consent from those who are parentally responsible for that child. This is still the case if you have parental responsibility for a child but do not live with them. The other parent is obliged by law to keep you updated on areas such as the child's progress and welfare.

The mother gains parental responsibility upon birth of the child, whereas fathers do not acquire parental responsibility until they qualify in one of the following ways:

• They are married to the mother at the time of the child's birth
• They marry the mother after the birth of the child
• The child was registered after 1 December 2003 and the father is named on the birth certificate
• They have officially entered into a Parental Responsibility Agreement with the mother.
• A court grants them a Parental Responsibility Order
• A court grants them a Child Arrangement Order

In some cases, step parents and same-sex parents can obtain parental responsibility in the same way. More than two people can be parentally responsible for a child, and a court will be involved in granting this to those who are not birth parents of a child.

Whether you live with the child or not, you maintain responsibility for the following areas:

• Disciplining the child
• Deciding upon and providing for the child's education
• Agreeing upon medical treatments that the child may require
• Naming the child and agreeing on any changes to the child's name
• Looking after property belonging to the child.

Whether a parent maintains parental responsibility or not, they are still obliged to look after the child financially.

Adoptive parents gain parental responsibility upon adoption of a child.

If circumstances become complicated and a mother does not agree to a father having parental responsibility for a child, and the father does qualify for one of the automatic eligibilities mentioned previously, a court can grant this. A solicitor will assist all parties, though it is advised that mediation is initiated and completed prior to beginning the legal process. This involves a third party assisting the parents in reaching an agreement without the need for court involvement. This is often beneficial to the child(ren) as the parents can address their concerns and issues in a calmer environment with less intrusion than a court environment. Furthermore, this option is often suggested by solicitors before a court order is sought. If a Child Arrangement Order is granted to a father and a child, and it is decided that the child should reside with them, parental responsibility is automatically granted.

Applying for parental responsibility involves a court process in the majority of cases. If the person applying for parental responsibility is the child's father and has agreement from the mother, a parental responsibility agreement form can be completed and sent to the Principal Registry of the Family Division. Anyone else applying for parental responsibility of a child must be connected to the child in someway, such as being a stepparent or second female parent. There is a separate form to be completed in these instances. Forms can be found on the HMCS website.

If there are multiple children, an individual form must be completed for each child, irrespective of whether it is the father or another applying for parental responsibility. All forms must be signed at a family proceedings court or county court and then forwarded on. Identification documents, including the child's birth certificate (or certified copy), will be required too. Once authorised, the Registry of the Family Division will record the agreement, stamp the forms and return them to the applicants.