When it comes to Family Law issues surrounding children, the first question you need to ask yourself is, do I have parental responsibility?‚ Why? Because without Parental Responsibility you could potentially have no say in your child, upbringing, we will look more closely into these rights further on in this article.
Parental Responsibility
Parental Responsibility 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.
How do I know if I have parental responsibility?
Mothers automatically gain parental responsibility at the point of giving birth to their child, however a father does not. He needs to obtain parental responsibility by one of the following means:
- He is named on the birth certificate as the father (if the birth is registered after He was married to the Mother at the time of the child birth
- He marries the mother after the birth
- He enters into a Parental Responsibility Agreement with the mother
- He obtains from the courts a Residents Order or Child Arrangements Order
- If a child‚ birth was registered before 1st December 2003 and includes the name of the unmarried father, the father WILL NOT have automatic Parental Responsibility and will have to obtain it my one of the above or re-registering the child‚birth.
Same sex parents and step parents can apply for parental responsibility as long as it is agreed by all the people who have parental responsibility. This will take the same form as a Parental Responsibility Agreement.
Other circumstances for gaining Parental Responsibility Agreement could be in the case of a Guardian or grandparent, if all those with parental responsibility die.
What rights do I have when I obtain Parental Responsibility?
Parental Responsibility means that you will have an equal say in the important decisions that are made in your child‚ life, for example, medical treatment, education and religious upbringing. It also means that the other parent cannot change the child‚name or take them to live abroad permanently without your consent.
It is these important life decisions that will have to be discussed and agreed upon by both parents, whether in person, at mediation or unfortunately, through the courts. It goes without saying that agreements that can be made without going through the courts will be the least damaging to the children in the long term and are usually longer lasting.
Getting the right support for you
So if there are issues that you and your child‚ other parent cannot agree on, then finding a family lawyer who has experience and expertise under their belt is a godsend. At Alun Jones Family Law, we always aim at responsibly keeping issues out of court and working towards an amicable solution first. Why not give us a call today to discuss how we can help you?
