Family Law: Parental Responsibility

A common aspect in family law is that of parental responsibility. For a number of reasons this aspect may result in some form of confusion on the part of the parents with regards to the children. This article will discuss what parental responsibility is, the associated rights and responsibilities of a parent and what the court considers when awarding parental responsibility.

According to the Children Act 1989 Section 3(1), parental responsibility is defined as being “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.” Put simply parental responsibility focuses on the parent’s duties toward their child instead of the parent’s rights over their child.  The most important aspects of parental responsibility is the provision of a home for the child and protecting and maintaining the child.

According to the definition provided by the Children Act 1989, the individual with parental responsibility has the authority to make and have a say in a decision about their child. The decision would basically have to be about the upbringing of the child. However, day-to-day decisions would have to be made by the resident parent or the parent with whom the child lives without the interference of other parental responsibility holders. By having parental responsibility this means an individual has the power to make important decisions with regards to a child, such decisions include the following:

• Determining the child’s education and where the child should go to school
• Choosing, registering or changing the child’s name
• Disciplining the child
• Looking after the child’s property
• Appointing the child’s guardian in the event of death
• Consenting to the child’s operation or certain medical treatment
• Having access to the child’s medical records
• Giving consent to the taking of the child abroad for holidays or extended stays
• Representing the child in legal proceedings
• Determining the religion that child should be brought up with. In the case where there is a mixed cultural backgrounds it includes exposure to the religions of all those with parental responsibility until the time the child is at an age where they can make their own decision.

While a parent with parental responsibility has authority with regards to decision making, it is important to note that there are some things that are not an automatic right to the parent with parental responsibility. This includes the following:

• Contact with the child - one article points out that this is the child’s right and not the right of the person with parental responsibility
• Knowing the whereabouts of other people with parental responsibility or where the child is living.

According to the Children Act 1989, when determining parental responsibility the main factor that comes into play is the child’s welfare and their best interests. Some factors the court considered for awarding parental responsibility are:

• The commitment of the parent
• The level of attachment between parent and child
• Reasons for applying for parental responsibility

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