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The following are examples of important decisions in a child’s life that should have the agreement of everyone with parental responsibility:
Parental responsibility does not affect the duty a parent has to maintain their child financially – all parents have a duty to pay towards their child’s upbringing, whether or not they have parental responsibility.
Day-to-day decisions are made by the person who is looking after their child at that time; they don’t have to be agreed with each person with parental responsibility.
This doesn’t mean parents shouldn’t discuss what they think is appropriate on a day-to-day level. It is helpful if parents agree on how to tackle issues such as discipline, bedtimes, and homework, but if you don’t agree on these things then neither parent can force the issue with the other.
A parent can decide who a child sees when they are with them. If you or your child’s other parent wants to introduce a new partner to your child, ideally both parents should discuss how it might affect your child and how they feel. You cannot prevent your child’s other parent introducing a new partner to your child, unless the new partner would pose a risk to your child.
Organisation: Coram Children’s Legal Centre
Details: Coram Children's Legal Centre provides free factsheets and how to guides covering all areas of child, family and education law. They also have an interactive search facility and a limited intensive support telephone line for complex matters.
Details: Information on a wide range of subjects including benefits.
Organisation: HM courts service
Details: Help to find your local county court as well as information, court forms and guidance.
If a father isn’t married to the mother, and isn’t registered on a child’s birth certificate, he won’t automatically have parental responsibility. If he is registered on the birth certificate, but it happened before December 2003, he will also not automatically have parental responsibility.
A biological father who does not already have parental responsibility can get it by:
Re-registering the birth of the child
This can only be done if the father’s name is not on the original birth certificate. The mother must agree, and must either go with the father to the registry office, or complete the statutory declaration of parentage form. Application forms are available from your local registry office or from www.gov.uk.
Making a parental responsibility agreement with the mother
This is a formal written document, not just an informal agreement between the parents. The agreement is made using form C(PRA1), which you can get from your local court, or from www.justice.gov.uk. The form needs to be signed by both parents and witnessed by a court official. See Parental responsibility agreements on page three.
Applying to the court for a parental responsibility order
If a mother doesn’t agree to the father having parental responsibility, he can apply to the court for an order. See Parental responsibility orders on page three.
A child arrangements order is in place, with the father named as the person the child lives with
The parental responsibility will only continue as long as the order is in place, so the father may want to apply for a parental responsibility order at the same time. See Parental responsibility orders on page three.
Marrying the mother
If a father doesn’t have parental responsibility, but later marries a child’s mother, he will get parental responsibility. The child’s birth will need to be re-registered using an ‘Application for re-registration following parents’ marriage’ form. The form is available from your local registry office or from www.gov.uk.
Married and civil partnered step-parents
A step-parent will not automatically get parental responsibility for a child if they marry or enter into a civil partnership with a child’s parent. A step-parent means a person is married to or in a civil partnership with a child’s parent; it does not include couples who are cohabiting.
If you were in a relationship with your civil partner or same-sex spouse when your child was born, different rules may apply. See A guide to lesbian parenting produced by Rights of Women or A guide for gay dads by Stonewall.
Making a parental responsibility agreement
The agreement must be made with both the parent that the step-parent is married to, or in a civil partnership with, and also the child’s other parent if they have parental responsibility.
The agreement is made using form C(PRA2), which you can get from your local court or from www.justice.gov.uk. The form needs to be signed by all parents with parental responsibility and the step-parent, then witnessed by a court official. See Parental responsibility agreements on page three.
If a child’s other parent has parental responsibility, and will not agree that the step-parent should have parental responsibility as well, the step-parent can apply for a court order. See Parental responsibility orders on page three.
If a parent or step-parent doesn’t have parental responsibility, an agreement can be made with the other parent, or parents, that they will share parental responsibility. Making an agreement between the parents avoids having to go to court for an order.
A parental responsibility agreement form is available from your local court or from www.gov.uk. Both parents (and, where applicable, any step-parents) must sign the form at the court, so that it is witnessed by a court officer. You will need to fill out separate forms for each child. You will also need to take a copy of your child’s birth certificate and proof of identity.
If you’re having problems reaching an agreement over parental responsibility see the Gingerbread factsheet Help when you can’t agree.
If parents cannot reach an agreement about whether the other parent or step-parent should have parental responsibility, the parent or step-parent can apply to the court for an order.
The court will decide if it’s in the best interest of your child for the parent or step-parent to have parental responsibility. The welfare of your child must be the court’s top priority.
It is usually the case that an unmarried father will be granted parental responsibility, unless there is a very good reason for him not to have it.
When making a decision the court will consider:
A parent with parental responsibility can appoint a person to be a guardian for their child after their death. The appointment can be made in writing, as long as it is signed and dated, or in a will.
If you’re the only person with parental responsibility
You can name a guardian for your child, who would be appointed immediately on your death. The guardian will have priority over the surviving parent, if there is one. If your child’s other parent wanted the child to live with them, they could challenge your decision by applying to the court for an order. This means that they would be asking a court to decide that your child should live with them instead of the guardian. The court would have to make their decision based on what would be best for your child.
If you and your child’s other parent both have parental responsibility
Either parent can appoint a guardian, but the guardian will only be appointed after both parents with parental responsibility have died. If your child does not have a relationship with their other parent, or you think another person would be more suitable to look after your child, do make your wishes known in a will or other document. The person you name will not be appointed as a guardian because your child’s other parent has parental responsibility, but it may be taken into consideration if a court has to be involved.
If you have a child arrangements order which names you as the person your child lives with, you can appoint a guardian who will be appointed after your death. Your child would live with their guardian rather than their other parent, but they would share parental responsibility. If your child’s other parent wanted their child to live with them they could challenge your decision by applying to the court for an order. The court would have to make a decision based on what was best for your child.
Organisation: Child Maintenance Options
Details: Information about making arrangements for child maintenance.
Phone: 0800 988 0988
Organisation: Family Mediation Helpline
Details: Provides general information on family mediation and can tell you whether your case may be suitable for mediation. Can also give information about eligibility for free help, and contact details for local mediation services.
Search online for local telephone services.
Organisation: Family Mediator’s Association
Details: Provides information on family mediation, and directs to local mediation services.
Phone: 01355 244594
Organisation: Gingerbread Single Parent Helpline
Details: Free information on a range of issues including maintenance, benefits, tax credits, debt, employment, education, legal rights and holidays. Open Mondays to Fridays, 9.00am – 5.00pm, with extended opening on Wednesdays to 8.00pm.
Phone: Freephone 0808 802 0925
Organisation: National Family Mediation
Details: This is a local network of not-for-profit family mediation services, which offers a practical approach to resolving disputes between separated or separating couples. Aims to help individuals reach joint decisions on issues associated with their separation such as children, finance or property.
Phone: 0300 4000 636
Organisation: One Parent Families Scotland Lone Parent Helpline
Details: Run by our partner organisation, the Lone Parent Helpline provides confidential advice and information for single parents in Scotland.
Phone: 0808 801 0323
Details: Association of solicitors specialising in family law, who adopt a constructive, non-confrontational approach to family problems. It can provide a list of local members. The website contains free information on issues such as splitting up, parenting apart and child maintenance. Resolution produce a booklet, Separation and divorce – Helping parents to help children, a practical guide to handling the emotional aspects of separation or divorce.
Phone: 01689 820272
Organisation: Rights of Women
Details: Free, confidential legal advice by telephone for women on a wide variety of issues. Specialist areas include family law, lesbian parenting, divorce/relationship breakdown, children/contact issues and domestic violence.
Phone: 020 7251 6577
Details: Runs a free information service for individuals, employers and organisations. Information includes a guide to civil partnerships, parenting, solicitors and local lesbian, gay and bisexual support groups and services.
Phone: 08000 50 20 20
This factsheet explains the rights and responsibilities of parents who live apart. It tells you who is responsible for the care of a child and who can have a say in important decisions in a child’s life, such as where they go to school, their religion and where they live.
You’ll find information in this factsheet on what parental responsibility means, who automatically has it, who can apply for parental responsibility, and how to apply. There is also information on appointing a guardian in the event of your death.
Details of useful organisations are listed at the end of this factsheet. For more information, or for advice tailored to your circumstances, call the Gingerbread Single Parent Helpline on 0808 802 0925. Calls are free from landlines and most mobiles.
PAR Parental Responsibility June 2015.pdf
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