Parental Obligation: Who Is A Parent? – Mediation Cheltenham

By Solent Family Mediation |
June 9, 2022

Solent Family Mediation Cheltenham – What is Parental Obligation?

The legal definition of Parental Responsibility is…

“every legal right, duty, power, responsibility, and authority that a parent of a kid has with respect to the child and his property”

When Parliament was debating the Children Act of 1989, it refused to define precisely what it meant to be a parent; instead, it delegated that responsibility to our courts.

According to Mediation in Cheltenham in reality, not even the courts entrusted with determining the execution of these authorities and rights know precisely what parental responsibility entails. There is no exhaustive list of these rights, powers, and responsibilities; rather, the courts decide when difficulties arise and judgments must be made.

We have some understanding of what parental duty entails based on prior judgments. These undefined rights, responsibilities, and powers include the following:

  • The right and responsibility to make educational decisions for a kid
  • A child’s right to “possession”
  • The right to determine the religion of a child
  • The right to agree to a child’s medical care
  • The privilege of consenting to adoption
  • The privilege of naming a child
  • The right to petition a court for a child-related order

As courts are asked to consider the major decisions adults must make regarding children, the definition of parental responsibility will change, new elements will be added, and existing thinking will be modified. Of course, one of the most important questions surrounding parental responsibility is who gets it. Call Solent Family Mediation Cheltenham for assitance

Who is a child’s Parental Responsible Party? – Solent Family Mediation Cheltenham

There are several individuals who may require or desire parental responsibility for a child, with mothers, fathers, direct family members, and municipal authorities being the most prevalent.

All moms are automatically assigned Mediation Cheltenham parenting responsibilities, while only some dads are.

To have automatic parental responsibility for their child, a father must have been married to the mother at the time of the child’s birth or identified as the father on the birth certificate if the child was born after 2002.

If a father does not fit any of these conditions, he does not have parental responsibility, despite the fact that he may be the child’s biological father and be in a long-term, committed relationship with the child’s mother.

In order to get parental responsibility for his child, he must request permission, undergo scrutiny, and have someone else determine if he may have it, all on the basis of his gender and marital status. Mediation Cheltenham

If the unmarried father desires to have the same legal right to make decisions about his own kid as the mother, he must earn the right to equality and be proactive about doing it.

This may be accomplished in one of four ways:

  • By entering into an agreement with the child’s mother pursuant to section 4(1)(b) of the Children Act of 1989;
  • He may petition the court for a Parental Responsibility Order;
  • He might be designated in a Kid Arrangement Order as a person with whom a child resides;
  • He is able to adopt the child

No one can tell you exactly what parental responsibility is, some individuals have it and some do not, and we can’t really connect it to being a parent because the definition of a parent is ambiguous.

As if that weren’t complicated enough, Parliament and the courts appear to be at conflict about how it must be utilised!

Article 2(7) of the Children Act 1989 provides…

“When more than one person has parental duty for a child, each individual may fulfil that role independently of the others”

This appears to be fairly explicit language, the voice of Parliament roaring down upon us declaring that any anyone with parental responsibility may act independently and need not confer with anybody else.

However, the courts have NOT construed the language in this manner; they have been equally clear that there is a common law need to consult on certain areas of parental responsibility.

Parliament says we can exercise parental responsibility on our own, while the courts say we have a legal need to communicate with every other person with parental responsibility. What should we do?!

Thankfully, the courts have intervened and provided us with their own perspectives on this matter.

In Re H (Parental Responsibility), the Court of Appeal ruled that a father with parental responsibility must be informed on “schooling, major medical issues, and other significant events in the child’s life.”

This was elaborated upon in subsequent instances, most notably in A v. A (shared residency) by Mr. Justice Wall, such that we virtually have a list of topics you are legally required to consult your ex on.

The list, which was included in his judgement for the sole purpose of establishing the count’s position, includes three categories that provide a reasonably clear indication of a parent’s responsibilities while exercising parental duty.

The following is a list:

Decisions a parent can make without consulting the other parent of their kid

  • How much time a kid will spend with each parent (what each parent does with a child in their time and who with)
  • What activities, including school clubs, are conducted? (Minecraft club or ballet etc)
  • Engaging in religious and spiritual endeavours on a regular basis
  • Continuation of therapy already recommended by a general practitioner
  • The child’s usual discipline (not including smacking)

Decisions for which you must always inform your ex, but you do not need their approval and do not need to consider their opinions. – Family Mediation Cheltenham

  • Treatment for medical emergencies
  • Reserving a vacation or taking the child overseas within your stipulated time together
  • Planned doctor appointments and the reasons for such visits
  • A change of address within the local area that does not affect contact arrangements

Decisions requiring consensus from all individuals with parenting responsibilities – Solent Family Mediation Cheltenham

  • The decision on which school a child will attend
  • Requests to a school for an unexcused absence and the reasons for the request
  • Contact rotas during school vacations
  • Any medical or dental care beyond routine examinations
  • Genital mutilation and sterilisation
  • Immunisation
  • Discontinuing prescription medicine for a kid
  • Participation in school meetings and activities
  • The minimum age at which a kid can view films with age restrictions
  • Permitting a kid to marry
  • Naming a kid differently
  • Relocating the kid beyond the immediate region or relocating internationally

This list is helpful because it indicates how the courts believe parental responsibility should be handled, but it is difficult to implement. If your ex-partner moves without telling you where he or she is going, you are powerless to stop it.

Ultimately, you will need a court order to enforce your parental obligation. This is best kept for major difficulties, so if you want to send a child to a specific school or prevent them from transferring to another location, you would need to file for a Specific Issue to be determined or a Prohibited Steps order. Solent family mediation Cheltenham can assist you in making important decisions.

This adds to the public’s confusion about parental responsibility, but it is clear from both the statute and the courts that parental responsibility is intended to flow simply. Both the executive and the judiciary appear to agree on this point at least, and for those normal day-to-day decisions about children, the people who care for children should be free to act alone. For major decisions, however, there is a duty to consult, and where there is a dispute, the family court can be as involved as necessary.

Can Parental Responsibility be revoked? – Family Mediation Cheltenham

We are frequently asked if parental responsibility can be removed…

Why should my ex-spouse have a voice in my child’s life when they don’t pay child support, don’t visit their child, and missed their birthday?

That is a valid inquiry.

Why should a parent who is not in a child’s life be held accountable for the school they send them to or for preventing them from going on vacation?

The problem is that the questioner has a misunderstanding of parental duty.

Indeed, parental duty does not belong to us; rather, it belongs to our children.

Mediation Cheltenham Parental responsibility is not the claim of a parent’s rights over a kid, as implied by the question “can parental responsibility be terminated if the person holding it is not good enough?”

It is more of a legal idea that emphasises parental responsibilities.

Even if you desired to withdraw or relinquish your Mediation Cheltenham parenting responsibilities, it is impossible.

You can delegate it to a school or anybody else, but you will always be responsible for it, and you will not lose it if someone else gains it.

The ways parental responsibility can be lost are limited and typically dramatic, and include the following:

  • The kid is adopted by a third party
  • The individual with Mediation Cheltenham parenting responsibilities dies
  • The child turns 18 years old
  • The statute under which you obtained parental authority has been repealed

It is uncommon for a court to terminate parental responsibility, and intriguing case law helps explain the reasoning behind such rulings.

In 1998, for instance, a father murdered the mother of his child in a brutal axe attack. Their young child was not only present and thus witnessed this frenzied attack, but was also injured by the swinging axe, leaving the child permanently disabled. The father was sentenced to life in prison for this crime.

The family of the mother requested an order stating that the kid resided with them, to alter the child’s name, and to terminate the father’s parental rights.

The court rejected, as the father had accidently hurt the kid and there was an attachment to it…

Therefore, murdering the mother of the kid with an axe and leaving the child severely handicapped is insufficient to terminate parental responsibility.

In another instance in which a father with a disability actively participated in his child’s life, his parental obligation was terminated because his mental health rendered him incapable of appropriately exercising it.

Recently, there have been clearer decisions.

The mother was able to secure an order concerning the 4-year-old kid, authorization to alter the child’s name, and an order cancelling the father’s parental obligation.

In this case, the high bar for terminating parental responsibility was fulfilled, and the orders were required to protect the mother and child from the father, who constituted a grave danger, especially following his release from jail.

Prior to 2013, there were just three known examples in which a court terminated parental responsibility, and in each of those cases, the circumstances were exceptional.

In order for a court to consider extinguishing parental responsibility, the child must be at a substantial danger of serious damage if parental responsibility is not terminated.

Parental Duty and Fathers’ Legal Rights – Family Mediation Cheltenham

While all moms are automatically granted parental responsibility, not all dads do so. This is documented above and, no sure, all over the internet.

Those unwed men who do not immediately get parental responsibility must earn the right to be on equal footing with the mother.

Numerous individuals would argue that this is discrimination based on a person’s gender and marital status. It’s not so.

If a father is married to the mother, he is assumed to be dedicated to her, their relationship, and their kid.

In this instance, he is accorded parental responsibility and is treated similarly to the mother.

How does the law determine, outside of marriage, which children are the happy outcome of a devoted relationship with the mother and which are the product of a drunken blunder after a night out?

The law recognises that while he may leave if he so chooses, the mother cannot, therefore she receives parental duty automatically, but the unwed father must show himself worthy of the honour. Consequently, the law provides protection for the kid.

If a child’s biological father is not actively participating in his child’s life, then he has no right to exert influence over the choices that are made by the child’s mother. However, if the father is the one to make the request for parental responsibility, this shows the child that their father cares for them, and the law is happy to reward this behaviour..

Our expert mediators at Solent Family Mediation Cheltenham can help.

Contact a Family mediator in Cheltenham today on 0238 161 1051