Parental responsibility - overviewMeaning and scope of parental responsibility

Parental responsibility is defined in the Children Act 1989 (ChA 1989) as all the rights, duties, powers and responsibilities and authority that, by law, a parent of a child has in relation to the child and their property.

Parental responsibility is commonly accepted to include, but is not limited to, the following:

The position at birth

Parental responsibility will be acquired automatically by:

Acquisition by unmarried fathers

It may be acquired by an unmarried father:

Acquisition by female parents

New provisions inserted in the ChA 1989 provide for acquisition of parental responsibility by a woman who is a parent by virtue of the Human Fertilisation and Embryology Act 2008 but who is not the civil partner of the mother at any time during the period prescribed. She may acquire parental responsibility by:

Acquisition by step-parents

Under the ChA 1989, where a child's parent who has parental responsibility is married to, or is the civil partner of a person who is not the child's parent then:

Acquisition by others

Parental responsibility may also be acquired by certain other categories of people specified in ChA 1989, including a person:

A parental responsibility order can be made so long as the child is under 18. The court will take into account the degree of commitment shown by the applicant to the child, the degree of attachment and the reasons for applying. Where the father has shown commitment, there is authority that there is a presumption that a parental responsibility order should be made, this is subject to the paramountcy of the child's welfare. The court is not obliged to apply the statutory checklist, although it is likely to have in mind the relevant criteria.

Parental responsibility orders and agreements end:

Medical treatment

The exercise of parental responsibility in this area has been the subject of a wealth of case law. There is a statutory obligation on a parent to take steps to obtain appropriate medical care for a minor and, in exercise of their parental responsibility, the parent can give or withhold consent to treatment.

The court will become involved in situations where, for example, parents cannot agree on medical treatment and an application is made for an order under ChA 1989, s 8. Distinction is drawn between children who are under 16 and said to be Gillick competent, in accordance with the guidelines set down by the House of Lords in Gillick v West Norfolk and Wisbech Area Health Authority, and those not so competent. Account will be taken of the child's age and understanding of what is involved in the treatment and the overriding consideration of the paramountcy of the child's welfare.

The Family Law Reform Act 1969 applies different considerations in relation to children aged 16 and 17 who are able to consent to any surgical, medical or dental treatment as if they were of full age. They do not have the absolute right to refuse treatment and their refusal can be overridden by the court or their parents, and the court has power to quash their consent to treatment.

Exercise of parental responsibility

Where an issue arises about a specific question regarding any aspect of parental responsibility for a child or how a person exercises their parental responsibility for a child, an application may be made to the court for either a specific issue order or a prohibited steps order respectively. Alternatively, disputes may be dealt with within the context of an application for a residence order.

Parental responsibility may be delegated temporarily, but the responsibility for ensuring the arrangements are satisfactory remains with that person.

Right of independent action

More than one person may have parental responsibility for the same child at the same time. A parent does not lose parental responsibility if another person acquires it except in the case of an adoption order. Parental responsibility can be exercised unilaterally save in certain specific situations, eg consent to adoption, where the consent of everyone with parental responsibility is required.