Guide to Parental Responsibility

The 1989 Children Act aimed to clarify the law regarding who could look after children. One of the main new concepts introduced by the Act was that of ‘Parental Responsibility’ (PR). This is the legal term which emphasises that the duty to care for one's children and to raise them to moral, physical and emotional health is the fundamental task of parenthood. It affirms that parents have duties, as well as rights, where their children are concerned. This was a fundamental change in the attitude of the legal system and one which does not yet seem to have been widely understood.

The list of responsibilities involved includes care and control of the child, discipline, protection and maintenance, secular education and religious upbringing, medical treatment, consent to marriage and burial or cremation in the event of the death of a child.

So how is PR obtained? All married parents of children (whether born before or after the marriage and including adopted children) automatically acquire PR. An unmarried mother automatically has PR but an unmarried father does not.

There are now a number of ways in which an unmarried man can acquire PR for his child. Until recently this could only be either by entering into a Parental Responsibility Agreement or by the courts making a Parental Responsibility Order. A PR Agreement has to be registered at the Royal Courts of Justice after it is witnessed by a court official. A PR Order has to be approved by a judge after an application to the court by the father and can be made either with the consent of the mother or at the discretion of the court, if the mother objects. However, comparatively few people have so far made use of this process. Perhaps one reason for the low uptake is that both these procedures are cumbersome. Also, many parents believe, mistakenly, that living together does give a father PR. This is only true in specific circumstances. From 1 December 2003 any unmarried man registered on the birth certificate as the father of a child has automatically been given PR, provided both the mother and father are present at the time registration takes place.

Parental Responsibility can also be granted to people who are not the natural parents of a child. Anybody whose care of a child is court approved by the making of a residence order automatically acquires PR. In addition, adopters and guardians are given PR and in some circumstances it is granted to local authorities or even the courts.

PR is a relatively new concept and is still under examination by the courts. One problem area is whether one person with PR has to consult any other(s) about important decisions affecting a child’s life, such as changing schools or agreeing to medical treatment. The current view of the courts is that if there is any doubt or conflict it is probably advisable to apply for a court order.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Latest News

Court Explores Alleged 'Grave Risk' in Child Abduction Case
Valuable Diamond is Crux of Assets Dispute in Court
Ignoring Court Orders Will Always Result in Sanction
Relationship Status Put Under Spotlight in Divorce Case
Psychotherapy Condition Leads to Contact Order Appeal
Family Court Transparency Pilot is Extended
High Court Considers Limits on the Right of Parents to Name Their Children
Divorce - What Happens When Assets are Simply Insufficient to Meet Needs?
Defiant Mother Sentenced for Refusing Father Contact with Their Child
Divorce - This is Why a Clean Break is Usually the Preferred Outcome
Sometimes Parental Love is Not Enough - Court Sanctions Boy's Adoption
Wealthy Divorcee Hit Hard in the Pocket for 'Delinquent' Litigation Conduct
Big Money Divorcees Pay £8.4 Million Price for Their 'Culture of Conflict'
Adoption - Internet Research Can Never Replace Professional Legal Advice
Overseas Divorce - Supreme Court Identifies Unjust Defect in Matrimonial Law
Pre- and Post-Marital Agreements Given Full Weight in Big Money Divorce
Family Judge's Challenging Interventions Rendered Care Hearing Unfair
Mother Not Responsible for Toddler's Shocking Injuries - Family Court Ruling
Breaking the Deadlock of Competing Divorce Petitions at Home and Abroad
The Validity of a Pre-Nuptial Agreement Often Depends on Top-Quality Legal Advice
Adopted Pensioner's Quest to Find Her Birth Parents Finally Bears Legal Fruit
Ex-Couple Spend an 'Absurd' £5 Million Plus Litigating About Their Child
Mental Capacity and Divorce - High Court Ends 'Empty Husk' Marriage
What Can a Family Judge Do When Faced With a Parent's Absolute Defiance?
Family Judge Intervenes to Protect Unborn Child of HIV-Positive Mother
Pre-Nuptial Agreement Given Only Partial Effect in Big Money Divorce Case
Judge Emphasises that a Care Order Does Not Imply Parental Blame
No Undue Pressure Involved in Divorce Deal Toasted with Champagne
Birth Certificates Are Not Set in Stone - High Court Paternity Declaration
High Court Gives Effect to French Marriage Contract in Big Money Divorce
Foreign Surrogacy Arrangements - High Court Underlines the Hazards
What Amounts to 'Marital Reconciliation'? Unique High Court Ruling
International Child Abduction - Habitual Residence is Often the Crucial Issue
How Much Weight Should be Given to Pre- and Post-Nuptial Agreements?
Leaving Home - Mother Ordered to Respect Disabled Son's Independence
Divorce - There Can Be a High Price for Failing to Negotiate Responsibly
Child's Birth to Same-Sex Couple Triggers Bureaucratic Tangle
Foot-Dragging Divorcee Pays Price for Unnecessary COVID-19 Adjournment
Requirement for Written Consent Waived in Unique Embryology Test Case
Divorce - Financial Proceedings 'Fast Heading for Ritz Hotel Status'
Adoption, Searching for Birth Parents and Rectification of Birth Certificates
Intransigence in Divorce Proceedings Can Come at a Crushing Price
Fathers Should Pay Towards Their Children's Upbringing - But How Much?
High Court Analyses Post-Nuptial Agreement in Guideline Divorce Ruling
Family Judge Heeds Teenage Foster Child's Wish to Change His Surname
Family Judge Labours to Achieve Fairness Between Debt-Laden Divorcees
Overseas Surrogacy Can Be a Legal Quagmire - Always Seek Expert Advice
Judge Opens New Chapter in Woman's Life by Dispelling Dark Family Secret
Equal Sharing Principle Delivers Fair Result in £6 Million Divorce Case
Judge Overturns Divorce Decree Based on Wife's Forged Signature
Teenager's Wishes and Feelings Prevail in Finely Balanced Adoption Case