Parental Responsibility From A Mother’s Perspective
So who, apart from you as a mother, is legally responsible for a child and what does that responsibility cover?
Parental responsibility, otherwise known as “PR”, is defined 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". But what does this mean for you in practical terms?
When an important decision needs to be made about your child’s upbringing, anyone who has PR is allowed to have a say in that decision. Those decisions include changing your child’s name, removing your child from the UK (including going on holiday abroad), medical decisions, religion and schooling.
Day to day decisions, such as what is for lunch and what time your child should be home by do not have to be made in consultation with everyone with PR.
So who has PR? All mothers will be pleased to know that they automatically have PR, regardless of marital status. The father of your child also has automatic PR if he is or was married to you, or if he is registered on the birth certificate AND the child was born after 1 December 2003.
The question is particularly relevant if you are a step mother wanting PR as well. PR can be acquired in several ways but the most common is by entering into a parental responsibility agreement with everyone who already has PR or by asking the Court to make a PR Order. Before a court will make an PR order, the person making the application will need to show the Court their commitment to the child; that there is an attachment between them and that their application is made in the best interests of the child.
For any mothers who have questions about the implications of parental responsibility, or for anyone who wants to gain PR for a child, it is best to take some legal advice.
If you have any questions please contact Laura Gilbert on 01752 675151 or email laura.gilbert@footanstey.com
Friday, 22 August 2008
