Parental Responsibility is one of the most commonly misunderstood aspects of family law, but arguably one of the most important things to be aware of as this regulates an individual’s legal rights in relation to a child’s welfare.
Parental Responsibility is defined by law as all the rights, duties, powers, responsibilities and authority which, by law, a parent has in relation to their child and the child’s property. The law does not expressly define the decisions that this encompasses, but case law generally indicates that an individual with Parental Responsibility must be consulted in relation to all important and long-term decisions regarding the child to include (but is not limited to) where the child should be educated, where the child should live, whether the child should be taken outside of the UK and whether the child should have any medical treatment.
Lola Goodwin, Chartered Legal Executive, has ‘debunked’ five of the most common myths in relation to Parental Responsibility:
- “I am the biological father of a child. Surely, I must have automatic Parental Responsibility for my child?”
Myth.
It is incorrect to assume that all biological fathers have automatic Parental Responsibility for a child when they are born. A biological father will only have automatic Parental Responsibility for a child if they are married to the child’s biological mother at the time of the child’s birth. There are a number of ways that a biological father can acquire Parental Responsibility for their child if they were not married to the child’s biological mother at the time of the birth.
- “Only biological parents of a child can have and acquire Parental Responsibility for a child.”
Myth.
Parental Responsibility may be acquired by individuals other than biological parents of a child, for example, a step-parent, a grandparent, an adoptive parent and a child’s special guardian. There are many different ways of acquiring Parental Responsibility for a child and we can advise you in relation to whether you may be able to acquire Parental Responsibility for a child and the most appropriate method of doing so based on the individual circumstances of your case.
- “I share Parental Responsibility for a child with another individual. Surely, I can change the child’s surname if I choose?”
Myth.
It is incorrect to assume that you may change a child’s surname without the consent of all individuals who share Parental Responsibility for the child. In the event that the other person with Parental Responsibility does not consent to the change of surname, you will require the court’s permission to do so. We can advise you in relation to how to obtain the court’s permission to change your child’s surname and the chance of success based upon the individual circumstances of your case.
- “I have Parental Responsibility for a child. Surely, there can be no limitations in relation to exercising Parental Responsibility?”
Myth.
The court can regulate Parental Responsibility by granting a Prohibited Steps Order and/or a Specific Issue Order. A Prohibited Steps Order limits the exercise of Parental Responsibility by preventing or restricting an individual from taking a defined step that they would usually be able to take to exercise their Parental Responsibility. A Specific Issue Order permits an individual to take a defined step in relation to exercising their Parental Responsibility. We can advise you in relation to both applications.
- “I have Parental Responsibility for a child. Surely, I cannot have this extinguished or terminated”.
Myth.
There are a number of ways in which Parental Responsibility may be extinguished or terminated. For example, where a parent with Parental Responsibility has acquired Parental Responsibility by the court granting a Parental Responsibility Order, this will be terminated when the child attains the age of 18, or sooner if an order is made by the court terminating Parental Responsibility on an application by any person who shares Parental Responsibility or by the child, subject to the court granting the child permission to apply. Parental Responsibility may also end upon the making of a parental order or adoption order, which transfers Parental Responsibility to the person in whose favour the order is granted. These are just two examples and we can advise you as to whether your Parental Responsibility may be terminated based upon the circumstances of your case.
How Heringtons Solicitors Can Help:
- Providing advice in relation to whether you have Parental Responsibility and your legal rights and responsibilities in relation to a child.
- Providing advice in relation to how to acquire Parental Responsibility for a child and supporting you through the agreed course of action.
- Providing advice on the arrangements for children generally.