3 Things you Need to Know About Parental Responsibility
Parental responsibility is a common issue that often comes up during the breakdown of a relationship where there are children involved and arrangements for them need to be made as a result of the divorce or separation. Here at RDC solicitors, the aim of our Family Department is to provide a holistic approach towards the multiple concerns that typically arise when a relationship comes to an end. Foremost, we recognise the importance of understanding children’s needs and addressing what is in their best interests. With that in mind, here are 3 things we think you should know about parental responsibility.
1. The Definition of Parental Responsibility
Parental responsibility refers to the legal rights and responsibilities that all mothers and most fathers have as a parent. This means that the parents have certain rights and powers in relation to the child, as well as important obligations.
If you have parental responsibility, your most important role is not only to provide a home for the child and protect and maintain the child, but also to discipline the child, choose and provide for the child’s education, agree to the child’s medical treatment, name the child and agree to any change of name, and look after the child’s property. Regardless of whether they have parental responsibility or not, parents must also ensure that their child is supported financially.
2. Father’s do Not Always Necessarily Have Automatic Parental Responsibility
Mothers automatically have parental responsibility for their child from birth. However, it can be more complicated for fathers. A father will usually have parental responsibility if he is either married to the mother of the child, or if he is named on the birth certificate. If a father is not married to the mother, however, and is not registered on a child's birth certificate, he will therefore not automatically have parental responsibility.
To make matters more complex, even if you do have parental responsibility for your child, if you are a separated parent and not living with them, this does not mean that you have the right to spend time with them. It does, however, mean that the other parent has a legal obligation to include you when they make important decisions about the child’s life and that you are bound to provide for them financially.
3. Parental Responsibility Agreements & Court Orders
If you are a parent who does not have parental responsibility, it is possible to apply to the court to make a Parental Responsibility Order. For example, a father without parental responsibility can fill in a parental responsibility agreement, and with agreement from the mother, it can then be taken to the local family court and signed and witnessed.
It may be advisable to consult a solicitor at this point who can act on your behalf and guide you through the process of applying for a court order, so that you can successfully obtain parental responsibility for your child. In the event of a separation, you may also wish to apply for a Child Arrangements Order if you are unable to agree on arrangements such as who the child will live with, or how much time they will spend with the other parent, for example.
Parental Responsibility and Legal Support
As you can see, parental responsibility can depend on a variety of circumstances. RDC are here to guide our clients through the legal processes associated with parental responsibility, as well as provide support and expertise to help them resolve any issues with confidence. Every situation is unique, and a tailored legal approach is key to achieving a resolution that meets your individual needs and circumstances.
Don’t forget that our Family Department offers an initial 30-minute consultation at no cost for a preliminary discussion. To arrange an appointment please contact one of the team on Bingley 01274 723858, Ilkley 01943 601173 or Bradford 01274 735511.
