Parental responsibility (access and custody)

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In the nations of the European Union and elsewhere, parental responsibility refers to the rights and privileges which underpin the relationship between a child and either of the child's parents or those adults who have a significant role in the child's life. The terminology for this area of law now includes matters dealt with as contact (visitation in the United States) and residence (see Residence in English law) in some states.

Parental responsibility in European states

Scotland

In Scots law, issues relative to parental responsibilities are dealt with under the Children (Scotland) Act 1995, which provides for the making of 'residence' (custody), 'contact' (access), and 'specific issue' orders. These may be applied for by anyone with an interest in a child, not merely parents ( reference). Under section 1 of the 1995 Act, parental responsibilities are, where practicable and in the best interests of the child, to:

These responsibilities last until the child is aged 16, with the exception of the responsibility to provide the child with appropriate guidance, which lasts until the child is aged 18. Under section 2 of the 1995 Act those with parental responsibilities are given corelative rights to allow them to fulfil those responsibilities. These rights are:

Having PRRs entitles a parent to take key decisions relating to the child, such as where they will live and go to school, and what medical treatment they should receive. In addition, parents have an obligation to provide financial support for their children under the Family Law (Scotland) Act 1985 (c 37) and the Child Support Act 1991 (c 38). In certain circumstances, this obligation continues when the child in question is beyond the age at which the parents have parental responsibilities under section 1 of the 1995 Act. The child’s mother (irrespective of whether she is married to the child’s father (s3(1)(a))) and the child’s father (but only if he is “married to the mother at the time of the child’s conception or subsequently” (s 3(1)(b))) have automatic rights. A married father’s PRRs continue after divorce, unless they are specifically removed by a court. Unmarried fathers, stepparents and others must either make a Section 4 Agreement, or apply to the court under section 11 for rights.

In line with Scottish Law Commission proposals in 1992, the Family Law (Scotland) Act 2006 has now brought Scots law in line with English law to the extent that an unmarried father will obtain parental rights and responsibilities if he is registered as the father on the birth register. It is thought that this position does not go far enough to take into account the rights of the father to be considered equally to the mother, and of the child, to have recognised both parents.

England

In English law Parental responsibility is a legal phrase used to define who has the rights and obligations in making decisions which affect the child’s life. Parental responsibility includes the following legal rights and responsibilities:2222


It should be noted that in current law, the right of parents to make decisions for their children and control them, including “choosing the child’s religion” is not absolute, but diminishes with the child's evolving maturity. As a general rule of law, except in situations that are regulated otherwise by statute, the right to make a decision on any particular matter concerning the child shifts from the parent to the child when the child reaches sufficient maturity to be capable of making up his or her own mind on the matter requiring decision (see the decision in Gillick v West Norfolk and Wisbech Area Health Authority [1985] 3 All ER 402 (HL).).

Who has parental responsibility?

Mothers automatically have parental responsibility. If the parents are married at the time of the child’s birth then the father has automatic parental responsibility. For unmarried fathers the rules are more complicated. Being the biological father of a child does not mean that you have an automatic right in law to parental responsibility. Likewise, even though you may be registered as the father on your child’s birth certificate, this does not always mean that you have automatic parental responsibility.

If you are unmarried and separate from the child’s mother and you do not have parental responsibility, then you do not have a legal say in the child’s upbringing.

You do have parental responsibility if:

You do not have parental responsibility if:

Applying for parental responsibility

There are a number of ways of getting PR. These are:

To apply to the court for a PR order, a father needs to show a number of things:

Also, if PR is granted then it has to be exercised jointly with the mother of the child.[1]

References

  1. ^ http://www.solicitorssheffield.net/unmarried-fathers-rights.html

Bibliography

  1. http://www.famlawpractice.co.uk/

See also

Elements
Rights movements
See also