This guide explains what parental responsibility means under UK law, including who has parental responsibility for children and how these rights and responsibilities can be obtained if they are not automatically granted.
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WHAT IS PARENTAL
RESPONSIBILITY?
Parental responsibility is described in Section 3 of the
Children's Act 1989 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"
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WHO HAS PARENTAL
RESPONSIBILITY?
All mothers have parental responsibility for their child. Fathers
who are named on the birth certificate or who are married to the
mother also have parental responsibility for the child. Any other
person will have to apply to the court to obtain responsibility.
Having parental responsibility for a child means that you must
fulfil two main roles. They are:
Provide a home for the child
Protect and maintain the child
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DOES HAVING PARENTAL
RESPONSIBILITY PROVIDE
CONTACT RIGHTS?
Having parental responsibility does not give you automatic direct
contact with the child, but it does mean that the parent that the
child lives with must keep you informed of their development.
This means that you must be updated on matters regarding their
health, education, discipline, name and property.
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HOW DO I APPLY FOR PARENTAL
RESPONSIBILITY?
If you are not automatically granted parental responsibility through
marriage to the child's mother or by being named on the child's birth
certificate, you can apply. You must have a connection to the child,
and there can be more than two people who have parental
responsibility for the same child. You can either:
a) Sign a parental responsibility agreement. If the mother agrees,
you can fill in a form and take it to the local court for processing.
b) Apply to the court if you cannot agree on the arrangements with
the mother.
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HOW MUCH DOES IT COST TO GET
PARENTAL RESPONSIBILITY?
There is a fee of £215 to obtain a court order. This will be
necessary if you are unable to make agreeable arrangements
with the mother of the child.
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WANT TO FIND OUT MORE?
For further information about parental responsibility or obtaining
a court order, contact your local family law solicitor. At
localsolicitors.com, you can find and compare the best solicitors
local to you.
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