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Parental Responsibility

Parental Responsibility is important for the father

Parental Responsibility is all the rights, duties, powers, responsibilities and authority, which by law a parent of a child has in relation to that child and their property. In essence, parental responsibility is concerned with bringing up a child, caring for them and making decisions about them.

It does not affect the relationship between the parent and child for any other purpose.

Parental Responsibility extends to determining a child’s…

  • religion,
  • education,
  • name,
  • guardian appointment if there is a parental death
  • type of medical treatment etc.

If the father does not have Parental responsibility then the child’s mother will be able to effect changes to the child’s life without needing his authority.

For example, removing the child from the Country, changing the child’s name, determining their religion.

The mother’s parental responsibility

A mother of a child has parental responsibility for that child instantly once it is born and that can never be removed unless the child is freed or placed for adoption. However, the mother may share Parental Responsibility with the father, and in certain circumstances, the Local Authority or a person with whom the child lives.

The father’s parental responsibility

As a father of a child there are a number of ways to obtain Parental Responsibility:

  • By marrying the child’s mother
  • By entering into a Parental Responsibility Agreement under s.4(1)b Children Act 1989
  • By obtaining a Residence Order in your favour
  • By obtaining a Parental Responsibility Order from the Court
  • By jointly registering the child’s birth with the child’s mother and also your name appearing on the child’s birth certificate as a father

If you are a father who does not have Parental Responsibility, but want to have a say in your child’s future, we can advise you and assist you in obtaining it.

Funding

If both parties agree to enter into a Parental Responsibility Agreement then our costs would start at £175+VAT to draw up an agreement.

If the matter is contested by the other party then this could potentially result in you making an application to the family court for a s.8 Children Act order giving you Parental Responsibility. Potential costs for this would be discussed with you at your initial appointment.

Let James Murray help with your legal requirements, Call 0151 933 3333 or contact us here