‘Parental responsibility’ is a term that anyone involved in court proceedings relating to a child is likely to come across frequently, but what exactly does it mean?
Parental responsibility is defined 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”. Such a general description is not, however, particularly helpful.
There is no ‘official’ or comprehensive list of ‘parental responsibilities’, but the following are generally accepted as being included:
• Duty to maintain – a duty that carries on, of course, even when the child no longer resides with that parent, irrespective of the other parent’s circumstances. Note that a parent without parental responsibility can still be required to pay child maintenance.
• Education – including choice of schools and the right to receive information from the school as to the child’s progress, such as copies of school reports.
• Religious upbringing – obviously, only usually an issue when the parents do not share the same religious faith.
• Medical treatment – although where emergency treatment is required, it is submitted that most parents would not expect this to be withheld until the other parent is consulted.
• Choice of surname – can only be changed with the agreement of the other parent or by a court order, where the other parent has parental responsibility.
• Taking children abroad – again, the agreement of the other parent with parental responsibility is required, or a court order.
• Consent to adoption – a child can only be adopted with the consent of any parent having parental responsibility, or if the court dispenses with that consent.
As will be seen, these are mostly major issues. Having parental responsibility does not actually make a lot of difference when it comes to day to day matters. In particular, it does not give one parent the right to interfere with the day to day arrangements that the other parent makes for the child.
When two parents both having parental responsibility cannot agree upon a particular matter relating to their child, either may make an application to a court for a ‘specific issue order’, whereby the court decides the matter. The court will decide what is best for the child, having regard to the ‘welfare checklist‘.
If you require further information regarding parental responsibility, Family Law Café can help. To contact us click the Contact link above and fill in the form, or call us on 0208 768 2278.