The Children Act 1989 defines parental responsibility as the collection of rights, responsibilities, duties, and authority a person has concerning a child and their property.
Parental responsibility ceases in the following situations: when a child turns 18, when a child is between 16 and 17 and gets married, when a child arrangements order ends or is discharged, or if a court issues an order to terminate parental responsibility.
Who has parental responsibility automatically?
Some people automatically acquire PR when a child is born:
- The child’s birth mother will automatically acquire PR;
- A transgender father who gives birth to a child (who will be referred to as the birth mother on the birth certificate) and
- A parent who is married or in a civil partnership with the birth mother when the child is born.
Who can acquire parental responsibility?
Other people can acquire PR by taking one of the following actions.
A parent who is not married or in a civil partnership with the birth mother can do so by:
- marrying or entering into a civil partnership with the birth mother;
- being named as the other parent on the child’s birth certificate or by re-registering the birth to record the same;
- entering into a parental responsibility agreement with the birth mother or
- Obtaining a court order (including an adoption order) giving them PR.
Any other person can acquire PR if:
- They become the child’s guardian or special guardian;
- They enter into a parental responsibility agreement with any/all other people with parental responsibility (this might be a choice taken, for example, by a step-parent) or
- They obtain a court order (including an adoption order) that gives them parental responsibility.
Who can have parental responsibility terminated?
Neither mothers nor fathers who were married to or in a civil partnership with the biological mother at the time of birth can have their PR removed.
However, any person with PR for the child, or indeed the child, can apply to discharge PR held by a step-parent or civil partner who has PR, a father who is not married to or in a civil partnership with the mother or a second female parent.
When might parental responsibility be terminated?
There must be grave reasons why it is no longer in a child’s best interests to terminate a person’s PR. Such applications are not typical.
It goes beyond the scope of this article to set out specific examples, but where the court considers that PR will be abused, the court could consider that terminating PR is in the child’s best interest.
In 2024, the Victims and Prisoners Act was passed. Part of this Act is often called “Jade’s Law”. The law protects children by preventing their parents’ killers from influencing their lives.
The rule will apply to anyone convicted of the murder or voluntary manslaughter of someone with whom they share parental responsibilities. There is an exemption in cases where domestic abuse victims kill their abusers. The Act means that parental rights will now be automatically restricted, so bereaved relatives will not have to apply to court for this.
When might parental responsibility be restricted?
When the court does not have the power to remove PR, or it is not considered necessary, a person may apply to restrict the exercise of PR. Again, the court’s paramount consideration will be the child’s best interests.
The court can make a prohibited steps order. This will prevent a party from taking specific steps, which a parent would usually take. The court can also determine how long the restriction should be in place.
Examples could be:
- The parent with care no longer has to provide any information to the other parent regarding the child or to consult with them concerning certain decisions affecting the child.
- Restricting a parent’s access to information from medical or educational settings.
Adoption and parental orders
Suppose a child is adopted or a parental order is made. In that case, these orders will automatically discharge the parents’ PR.
How and when to exercise parental responsibility
What is not so easily defined is how a person exercises that responsibility.
The lists below are intended to assist people with PR in making decisions they can and cannot make alone. They are not exhaustive.
The most important roles for people with parental responsibility are to provide a home for the child and to protect and maintain the child.
When people with parental responsibility make decisions regarding the child, the significance of the decision will determine whether any other person with parental responsibility should be involved.
Whether or not a parent has parental responsibility or indeed spends time with the child, it is a requirement that they ensure that their child is supported financially.
Issues where you must agree or seek an order from the court
If you have parental responsibility, you can make decisions about the following:
- naming a child or change of name;
- a child’s accommodation;
- Education/which school a child is to attend;
- medical treatment, including stopping prescribed medication;
- religious upbringing;
- holidays abroad, and
- Relocation to live in another part of England and Wales or overseas.
But you must always notify the other person(s) with parental responsibility about your proposals and agree on these issues — or seek legal guidance/make an application to the court if so advised.
Issues where you must notify the other person(s) with parental responsibility
You must also always notify the other person or people with parental responsibility about the following:
- medical treatment for the child in an emergency;
- Booking a holiday (when the child will be in your care at the time of the holiday by a Child Arrangements Order or agreement);
- If there will be a change to the persons living in your household,
- Moving home (provided that this won’t necessitate a change of school or the arrangements to spend time/live with the other person) and
- Planned GP appointments.
If they object, you may need to seek legal guidance.
Issues where you do not need to notify the other person(s) with parental responsibility
You do not need to seek agreement or notify the other person about the following:
- day-to-day activities;
- basic discipline;
- routine dental or medical check-ups;
- attending school functions and parents’ evenings, and
- participation in religious or spiritual events.
Disputes about how to exercise parental responsibility
When you cannot agree on the right or best decision for your child, attending family mediation would be a sensible next step.
Need help with a family matter? Contact us today for a free initial half an hour telephone appointment.