In this post we set out ten of the most FAQ and Answers about Parental Responsibility (PR) – the legal concept that links parents with the children and vice versa.
I’ve heard of but what is it?
The rights and duties, powers and authority of a parent in relation to the upbringing or property of a child. If one parent has PR and the other does not, then technically, the parent with PR can make all the decisions affecting the child without the consent of the other parent.
Where do I find the law?
The law is found here in the Children Act 1989 s3
I’m Mum; have I got PR?
Mothers always have automatic PR.
I’m Dad; have I got PR?
If you are or have been married to the child’s mother then yes, you have PR. If your child’s birth was registered before 1st December 2003 and you were not married at the time to the child’s mother, then you do not have automatic PR. After that date, If you are on the birth certificate of your child and the date of registration is 1st December 2003 or later, then you have automatic PR. If you are not the registered father, then you do not have PR.
Eh? explain that in a way I can understand.
Bob and Kate are married and have baby Molly. Both of them have automatic PR.
Bob divorces Kate. He still retains his PR.
Bob and Kate are not married. Molly is born on the 15th November 2003, the birth is registered by Kate on the 30th November 2003 and Bob is on the certificate as the father. Bob does not have PR.
If Kate registered Molly’s birth on the 1st December 2003,and Bob was on the certificate then he would have PR.
Kate and Bob have Molly in 2012. Bob is not registered on Molly’s birth certificate. Bob does not have PR.
How can I get PR if I don’t have it?
A number of ways; by agreement with the mother in a formal document (you can download one here). You can apply to the court for it. You can marry the mother of your child.
Will someone who wants PR get it if I don’t want them to have it?
The court always looks at the welfare of the child in question. iI it good for this child in these circumstances for PR to be granted? It is likely that a father applying for PR, with a history of consisted involvement in a child’s life will be granted PR. It is generally though to be safer, or more conducive with their welfare, for children to have more than one parent with PR. Conversely, the father suffering from a severe addiction/ personality disorder who has bounced into a child’s life five years after the birth, may have an uphill struggle. Remember, each case turns on its facts.
It may help to know that being granted PR does not give the father automatic right to undermine the daily parenting decisions of the parent with primary care.
Are there other ways of having PR?
A residence order made under section 8 of the Children Act 1989 grants PR to anyone who has the benefit of such an order, as long as the order lasts.
If an order is made granting a Local authority care of a child, then the Local authority shares PR with the parents until the order is discharged.
Anyone who becomes a “special guardian” is granted PR.
How do I get rid of someone’s PR?
It is very unusual for PR to be taken away from a parent but there has been recent case law on it . The most common way in which this is done is by adoption, which extinguishes the PR of all the natural parents of a child.
PR wears off when the child turns 18.
Can step- parents get PR?
Yes, with agreement of all the persons who have PR at the time (so maybe the natural father needs to consent)
