Parental responsibility is a legal term that refers to the rights, duties, powers, responsibilities and authority that parents have in relation to their child. It is an important concept in family law in the UK, and it is a fundamental aspect of a parent's relationship with their child.
In the UK, parental responsibility is defined in the Children Act 1989. This act sets out who has parental responsibility and what it entails. According to the act, a person who has parental responsibility has the right to make decisions about their child's upbringing, including where they live, their education, their medical treatment, and any other important decisions affecting their welfare.
The following people automatically have parental responsibility for a child:
The mother of the child, regardless of whether she is married to the child's father or not
The father of the child, if he is married to the child's mother at the time of the child's birth
The father of the child, if he is named on the child's birth certificate (from 1 December 2003 onwards)
An unmarried father who has obtained parental responsibility through a parental responsibility agreement with the mother or through a court order
A step-parent who has obtained parental responsibility through a court order
A person who has been appointed as a guardian for the child
Parents who do not have parental responsibility can still be involved in their child's life, but they may not have the legal authority to make decisions about their child's upbringing.
It's important to note that parental responsibility is not the same as custody or access. Custody refers to where the child lives, and access refers to the time the child spends with each parent. These issues are dealt with separately by the court.
Parental responsibility is a fundamental aspect of a parent's relationship with their child, and it is important for parents to understand their rights and responsibilities in this regard. By having parental responsibility, parents are able to make important decisions about their child's upbringing and ensure that their best interests are protected. If there is a dispute between parents about parental responsibility, it is possible to apply to the court for a decision.