parenting > legal matters > parental responsibility

PARENTAL RESPONSIBILITY

Parental responsibility is defined by the Children Act 1989 as 'all the rights, duties, powers, responsibilities and authority, which by law a parent of a child has in relation to the child and his property'.

Rights include controlling and guiding the child’s upbringing, choosing the child’s name, religion and education and acting as a legal representative for the child until he or she reaches the age of 16.

Responsibilities include providing financial support, safeguarding the child’s health and welfare and ensuring the child is suitably educated.

A basic outline of parental responsibility is as follows:

·        When parents are married, parental responsibility falls equally with both parties but can be exercised independently. 

·        In a situation where parents are unmarried, the mother automatically has parental responsibility but the father does not. In Northern Ireland, since April 2002, parental responsibility automatically falls equally with the mother and father as long as both parents have jointly registered the birth. Similar legislation is under way in England, Wales and Scotland but the proposals would not confer parental responsibility on fathers for children born before the law is changed.

·        An unmarried father can obtain parental responsibility by making a formal agreement with the mother, acquiring a parental responsibility order from the court or being appointed as the child’s guardian. 

·        Parental responsibility is generally only lost after the child turns 18 years of age. However in the case of an unmarried father, responsibility may be given up by choice, or revoked by the courts. When someone loses responsibility, they cannot re-apply for it. 

·        When a child is adopted, parental responsibility is transferred from the birth parents to the adoptive parents. 

·        If your child is placed in a foster home, you still hold parental responsibility although depending on the circumstances this may be shared with the local authority. 

The Citizens Advice Line for London publishes a thorough factsheet that provides information on all aspects of parental responsibility: what it incorporates, who has it and how to obtain it. It is available on request by telephoning .

If you live in England or Wales, you can get a Parental Responsibility Agreement form online from the Court Service, an executive agency of the Lord Chancellor’s department that gives administrative support to courts and tribunals. Look for form C (PRA) near the bottom of the page. You will need Adobe Acrobat Reader toit (download free).

If you live in Scotland, see the Scottish Executive’s pages on Parental Responsibilities and Parental Rights Agreements, which include advice on how and when to make an agreement, and an agreement form.

For further information, you can contact your local Citizens Advice Bureau. To locate this, use the National Association of Citizens Advice Directory.