What is Parental Responsibility and does it mean I can see my children?

Parental Responsibility (PR) in the UK is defined by the Section 3(1) of the 1989 Children Act. 

It covers all legal rights, duties, and authority a parent has for a child and their property, including education, medical treatment, and welfare.

So it sounds obvious, but who gets PR?

It actually does not automatically apply to both parents.

Mothers automatically have PR when they give birth.

Fathers who are married to the mother, or in a civil partnership with the mother at the time of the child’s birth, have PR and will not lose it if they are later divorced or the civil partnership is dissolved.

Unmarried fathers usually gain PR if they are names on the child’s birth certificate, but they may be required to apply to the court in some cases.

Second female parents who were married to or in a civil partnership with the biological mother at the time of conception (unless conception was the result of sexual intercourse or the wife or civil partner of the biological mother did not consent to the conception)

Step-fathers and step-mothers do not automatically have PR

Grandparents do not automatically have PR

How long does PR last?

PR lasts until the child turns 18, unless a family court removes your PR.

What does PR mean in practical terms?

When important decisions about a child have be made, all those with PR for the child should make those decisions.

The day-to-day decisions though should be made by the parent who has the child with them at that time, without interference from other PR holders. This is particularly relevant to those parents who are separated, but with whom the child spends their time with by agreement or court order.

In practical terms, the things PR relate to, and in which both parents with PR, are required to agree, include:

i)           Determining the child’s education and where the child goes to school;

ii)          Choosing, registering or changing the child’s name;

iii)        Appointing a child’s guardian in the event of the death of a parent;

iv)         Consenting to a child’s operation or certain medical treatment;

v)          Accessing a child’s medical records;

vi)         Consenting to taking the child abroad for holidays or extended stays;

vii)       Representing the child in legal proceedings;

viii)      Determining the religion the child should be brought up with. Where there is a mixed cultural background, this should include exposure to the religions of all those with PR until the child reaches an age where he or she can make their own decision on this.

What happens if a father is not married or named on the birth certificate?

A father who is not married to, or in a civil partnership with the mother, or named on the child’s birth certificate can gain PR in a number of ways:

i)           Entering into a PR Agreement with the mother;

ii)          Obtaining a PR Order from the court;

iii)        Having obtained a residence order prior to 22/04/2014 (when the legal requirements changed);

iv)         Being named as the resident parent under a child arrangements order.

What is a PR Order?

A PR Order is an order under the Children Act 1989 that fathers can apply for when they are not married or in a civil partnership with the mother and the mother refuses to assist the father in obtaining PR (for example, by registering his name on the birth certificate).

The court will consider a number of factors when deciding a PR Order.

i)           The father’s degree of commitment to the child

ii)          The state of the father’s current relationship with the child

iii)        The reason for making the application

What happens when those who hold PR cannot agree on decision regarding the child?

In most cases, decisions can be taken by one PR holder.

For example, a school may only need consent from one person with PR to take the child on a school trip. If the other parent strongly objects, they could seek a Prohibited Steps Order from the court to prevent this from happening.

Where there is a major decision to be made about the child’s life, all those with PR will need to agree. For example, if one parent wants to change the name of the child, relocate out of the area or abroad with the child, or have the child put up for adoption.

If parents are unable to agree about a decision concerning the upbringing of their child, they must first try mediation. If this is unsuccessful either person can apply to the court for a Specific Issue Order or a Prohibited Steps Order. This order is effectively asking the court to make the decision on behalf of the parents, and the decision will be based on what the court thinks is in the best interests of the child.

So does PR mean I can automatically see my child after separation and divorce?

The short answer is “No”.

PR only provides you with the responsibilities as set out above, re school, medical and religious issues, etc. There is no automatic right to see your child in the UK after separation and divorce, even if you have PR.