HOW CAN YOUR BARRISTER HELP YOU AS A LITIGANT IN PERSON

INFORMATION ON A PARENTAL RESPONSIBILITY

RESPONSIBILITY OF A LITIGANT IN PERSON

Important note: Please note that this information is not intended to be legal advice. You are advised to seek legal advice.

Parental Responsibility

This is information on Parental Responsibility, what rights are afforded to those with parental responsibility and/or how can a person acquire it for their child.

The term ‘Parental Responsibility’ relates to the parents or any other person with parental responsibility, and their duties towards their child rather than the parents’ rights over their child.

Generally, parental responsibility goes to a mother (automatically), married (and then divorced) parents,  unmarried father with name on the birth certificate or with a declaration of parentage and any other person who has been granted parental responsibility by the court.

Rights under Parental Responsibility

When certain decisions have to be taken about a child, all those with Parental Responsibility for the child are allowed to have a say in that decision. The decision will have to be about the upbringing of the child. Day to day decisions should be taken by the resident parent or the person with whom the child lives without interference from other Parental Responsibility holders. 

In practical terms Parental Responsibility means the power to make important decisions in relation to a child. This can include:

• determining the child’s education and where the child goes to school;
• choosing, registering or changing the child’s name;
• appointing a child’s guardian in the event of the death of a parent;
• consenting to a child’s operation or certain medical treatment;
• accessing a child’s medical records;
• consenting to taking the child abroad for holidays or extended stays;
• representing the child in legal proceedings;
• determining the religion the child should be brought up with. Where there is a mixed cultural background this should include exposure to the religions of all those with Parental Responsibility, until the child can reach an age where he/she can make their own decision on this.

Options to obtain Parental Responsibility

An unmarried father can obtain Parental Responsibility by:

• having his name registered or re-registered on the birth certificate if his name is not already registered;
• entering into a Parental Responsibility Agreement with the mother;
• obtaining a Parental Responsibility Order from the court;
• having obtained a Residence Order prior to 22/4/2014;
• being named as the resident parent under a Child Arrangement Order
• An unmarried father who registered or re-registered their name on their child’s birth certificate after 1st December 2003 will have Parental Responsibility for their child

The law treats Parental Responsibility and child maintenance as being completely separate. An unmarried father who does not have Parental Responsibility still has a duty towards his child to provide child support maintenance.

An unmarried father without Parental Responsibility will also still have some rights, for example:

• he has an automatic right to apply to the court for certain court orders in respect to his child; and
• if the child is in Local Authority care, he has a right to have reasonable contact with his child.

Transfer of Parental Responsibility

A person with Parental Responsibility cannot transfer their responsibility to another person. Parental Responsibility can be shared with another person, but not completely transferred. 

It is possible to delegate the responsibility of looking after a child to a married or unmarried partner, child minder, teacher, friend or relative, but the person with Parental Responsibility is still liable and responsible to ensure that proper arrangements are made for the child.

Temporary carers will not have Parental Responsibility but may do what is reasonable in all the circumstances for the purpose of safeguarding or promoting the child’s welfare.

Parental Responsibility Agreement

A Parental Responsibility Agreement is an agreement made between the mother and the unmarried father to allow him to have Parental Responsibility. Both parents will have to agree to this in writing.

Parental Responsibility Order

A Parental Responsibility Order is an order which unmarried fathers can apply for when the mother refuses to allow the father to be registered or re-registered on the birth certificate or refuses to sign a Parental Responsibility Agreement with him.

In most cases, decisions can be taken by one Parental Responsibility holder. It is not always necessary to seek the consent of another person if they have Parental Responsibility. 

For example, a school may only need consent from one person with Parental Responsibility to take the child on a school trip. If the other parent strongly objects, they could seek a Prohibited Steps Order from court to prevent this taking place; the court will make a determination on what they believe is in the child’s best interests.

Where there is a major decision to be made about the child’s life, all those with Parental Responsibility will need to agree. For example, if one parent wants to change the name of the child, move abroad with the child or have the child put up for adoption, all those with Parental Responsibility must agree.

Parents cannot agree on the major decision about the child

If parents are unable to agree about a decision concerning the upbringing of their child, they could try family mediation.

The aim of mediation is to lessen conflict and to try to resolve disputes amicably. The process of mediation differs throughout the country. In some mediation services, parents are seen separately and then brought together to see if they can reach a compromise. In other mediation services, the parents are seen together, sometimes with their representative present. 

If an agreement cannot be reached, either person can apply to the court for a Specific Issue Order or a Prohibited Steps Order. The parent does not have to have Parental Responsibility to be able to do this. This order is effectively asking the court to make the decision on behalf of the parents and the decision will be based on what the court thinks is in the best interests of the child.  Your barrister can help and advise you on this.