Solent Family Mediation Cheltenham – What is Parental Obligation?
Parental responsibility is a broad legal concept encompassing the rights, duties, powers, and authorities that a parent has in relation to their child and their property. While the Children Act of 1989 does not provide a precise definition, it delegates this responsibility to the courts to interpret and apply as necessary.
Key aspects of parental responsibility include:
- Decision-making: Parents generally have the right to make decisions about a child’s education, religion, medical care, and other significant matters.
- Custody: Determining who has primary custody and visitation rights.
- Child Support: Providing financial support for the child’s needs.
- Protection: Ensuring the child’s safety and well-being.
Who has parental responsibility?
- Mothers: All mothers automatically have parental responsibility for their children.
- Fathers: Fathers who were married to the mother at the time of the child’s birth or are named on the birth certificate generally have parental responsibility.
- Others: In some cases, other individuals, such as grandparents or step-parents, may have parental responsibility.
The scope of parental responsibility can be complex and may vary depending on specific circumstances. For example, while parents generally have the right to make decisions about their child’s education, there may be situations where a court can intervene if a parent’s choices are deemed detrimental to the child’s best interests.
How Can Unmarried Fathers Obtain Parental Responsibility?
Unmarried fathers can gain Parental Responsibility through:
- An agreement with the child’s mother.
- A court order.
- Being named in a Child Arrangements Order.
- Adopting the child.
Exercising Parental Responsibility
Parliament and the courts have differing views on how Parental Responsibility should be exercised. According to the Children Act 1989, individuals with Parental Responsibility can act independently. However, courts have established that certain decisions require consultation with others who have Parental Responsibility. These include:
- Major medical decisions
- Schooling choices
- Significant life events
Can Parental Responsibility Be Revoked or Ended?
Parental Responsibility is generally permanent but can be lost in specific circumstances, such as:
- The child being adopted
- The death of the individual with Parental Responsibility
- The child reaching 18 years of age
Courts rarely terminate Parental Responsibility, and it usually requires extreme circumstances to do so.Contact a Family mediator in Cheltenham today on 0238 161 1051