Parental responsibility means the responsibilities and rights you have for a child as far as third parties are concerned. Anyone that has Parental Responsibility is entitled to all information concerning the child’s welfare and should consult with all others that have Parental Responsibility about issues such as their health, education and religion.
Having shared Parental Responsibility means that both parents have the same responsibilities, and your rights as above are equal.
Parental Responsibility is automatically obtained by the mother at the time of a child’s birth. A father will obtain it by either being married to the mother, or by being named as the father on the child’s birth certificate.
If the child’s parents are not married and the father is not named on the birth certificate, the only person that shall have Parental Responsibility will be the mother.
After separation, positive communication with the other parent is imperative. Unfortunately, child arrangements can breakdown and problems can arise when, despite communication, agreements cannot be reached. A typical example being a dispute over a child’s holiday when one parent wishes to take the child abroad on holiday, and the other does not consent.
If Children Act proceedings have previously taken place there shall be an existing Child Arrangement Order to be followed, and this Order shall set out with whom the child lives and the time that is to be spent with the other parent. The parent who has the benefit of the “live with order” shall be able to take the child out of the UK for a period of less than one month without needing the permission of the parent who has the “spend time with order”.
To be clear, the “spends time with parent” will still need permission from the “live with parent” if they wish to take the child out of the UK, even if there is a child arrangement Order in place.
It is imperative for all of those with PR for a child to agree between them all matters that concern the child. This will include the school and GP practice they should attend, when they should be able to leave the country for holidays and also the religious upbringing that they should experience.
If any agreement cannot be reached on any of these issues, or any other matter that effects their upbringing, obtaining legal advice is vital.
If you need more help or advice on children matters, please call Jemma on 07534 175310 for advice.
Jemma Wentworth is a family lawyer who offers family law services throughout the UK as a Consultant Legal Executive for Ann McCabe Solicitors.