Parental Responsibility
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 the child's property. Holding parental responsibility does not mean that the child has to live with that person. What it does mean is that major decisions in the child's life should normally be taken by all persons with parental responsibility by agreement where possible. It also gives the authority to make emergency decisions, such as relating to emergency medical treatment, without having to consult the others first where necessary. Parental responsibility does not give a right to interfere with the day to day life of the child.
Parental responsibility can be held as of right, by court Order or by agreement.
The natural mother always has parental responsibility. Where the parents were married at the time of the birth the father also has parental responsibility. Where the parties were not married and the father is named on the birth certificate then the father automatically has parental responsibility for births registered on or after 1 December 2003, but does not have parental responsibility if the birth was registered before that date.
Parental responsibility can be granted to a father or step-father by agreement. Any agreement has to be formally entered into and registered with the Principal Registry of the Family Division of the High Court at First Avenue House, 42-49 High Holborn, London WC1V 6NP. In the absence of any agreement an Application can be made to the Court for a parental responsibility Order by either a father or step-father.
Where a residence Order is made in favour of the father the court must make a parental responsibility Order also if the father does not already hold this.
On an application by the father parental responsibility will normally be granted unless there is good reason not to, such as the father only seeking this to be able to harass the mother. The court considers the degree of commitment that the father has shown or sought to show to the child when reaching its decision.
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