What is Parental Responsibility? & What are the requirements for this?

Parental Responsibility and the requirements to consult the other parent can be a complicated area. This is because the need to consult and share information can differ depending on your circumstances. Therefore when anyone has a child and particularly when they separate they need to know what their responsibilities are.

What is Parental Responsibility?

Parental Responsibility covers all the rights and duties a parent has regarding a child. This includes:

– the right to have a say in all major decisions in a child’s life;

– the responsibility to share information surrounding decisions ahead of time; and

– the responsibility to agree with and gain consent for those decisions with everyone else with Parental Responsibility.

The starting point for Parental Responsibility.

During pregnancy, the mother is typically the only person who has the legal responsibility for decisions for the unborn baby in pregnancy. The exception to this is in limited circumstances where social services and the Court can intervene if the unborn baby is considered at risk of significant harm.

At the time of birth, the mother (and fathers married to the mother) automatically gain Parental Responsibility.

Fathers who are not married can acquire Parental Responsibility by being named on the birth certificate, agreement with the mother or by Court Order.

Non-parents and the Court can also gain Parental Responsibility in certain circumstances.

Where only one parent has Parental Responsibility they can make all decisions surrounding children without consulting the other. Where both parents have Parental Responsibility, they should make all decisions by consulting and agreeing with the other. This is whether parents are together or separated.

Who has the final say on Parental decisions?

Generally, everyone with Parental Responsibility has an equal right, shared responsibility and equal say.

The exceptions to this are when children are made wards of the Court or an individual is appointed as a Special Guardian. Both apply in very specific circumstances and when there is a concern or risk of significant harm to the relevant children.

So, where only one person has Parental Responsibility, they can make all decisions surrounding children without consulting the other.

In all other circumstances, all those with Parental Responsibility should agree and neither has more say than the other. Where agreements cannot be reached the Court can make final decisions. Generally, the Court encourage parents to reach agreements together and to act in the best interests of the child.

In some instances, additional conditions and restrictions can be included in Orders by the Court too. It is therefore important to understand the wording of any Order made by the Court.

When should I consult my ex about our children?

You should consult and agree all decisions relating to your children with your ex, where practical. The exception is for minor day-to-day decisions that only affect your time with your child. Check out our blog: Navigating the Practical Arrangements for Parental Responsibility where we consider this exact question.

As to whether you must, from a legal standpoint, that depends on whether you both have Parental Responsibility and any stipulations in any Order, formal agreements and whether any safeguarding agencies are involved. For example, where there is the involvement of any government agencies such as social services and the police or Court proceedings.

Thus, requirements alongside having Parental Responsibility and when to share information and gain consent for decisions can change.

Levels of Parental Responsibility

I will set out some typical scenarios of the levels and involvement of those with Parental Responsibility to consider this.

Sole Parent Responsibility

The simplest, where only one parent has Parental Responsibility, they can make all decisions surrounding children.

Dual Parent Responsibility

Thereafter, where both parents have Parental Responsibility and there are no other formal agreements or Orders in place, both parents have the same rights and responsibilities. This is regardless of the time they each spend with the children. This means parents should consult and agree decisions for their children. Both parents’ consent is required for all major decisions and for all travel abroad.

Where an Order or ‘live with’ Order is in place

The exception to needing consent to travel abroad is when there is a ‘live with’* Order in place. This typically, but not always, allows a parent to travel abroad without the need for consent and without needing to consult the other if it does not affect their schooling or the child’s time with the other parent.

*Care needs to be taken to consider any specific terms of the Order or Orders in place. This is because it must be noted that there are circumstances where:

1. Additional requirements can be set out in Orders. For example, with some ‘live with’ Orders, additional requirements for foreign travel can specifically be set out in the Order. This is often included where there are some concerns surrounding travel abroad to enable additional discussions and agreements to be reached around arrangements and before decisions to travel take place.
2. Restrictions can be included for matters you do not need to consult the other on. This can be for various reasons. This is often where the Court has decided a particular issue that was in dispute between the parent. For example, bringing the children up with a particular religion or about medical decisions.

Government agency involvement such as social services or Cafcass

Where government agencies such as social services, Cafcass and/or the appointment of a Guardian are involved either informally before the need for Court proceedings or during Court proceedings additional written agreements (like a contract) may be drawn up. These will be agreed between those involved and once entered into parents should follow and co-operate with them. Legal advice should always be taken before signing any agreement or document.

Support services surrounding abuse

Where police or third-party support services such as domestic abuse support workers are involved it is important to consider the guidance they give. They are not usually legally trained. Any guidance they give should be considered alongside legal advice. This is to consider any possible implications that could undermine your legal position.

Legal advice is particularly important where you are a victim of abuse and need to withhold information or restrict and stop contact to safeguard yourself or your children. It is important to ensure your abuser does not use you having to restrict information you were legally required to give, or restrict or contact, to protect you and your children, against you in proceedings. You want to ensure they do not have the opportunity to undermine your parental status with this and get away with the original abuse, or be allowed to continue the abuse through the children because of this.

Practicalities of your responsibility

Your legal rights and responsibilities as a parent and how you handle each of the five levels of responsibility set out above can mean individuals have very different requirements. In practical terms their day to day and need to consult around decisions can differ significantly. It is therefore important you understand the responsibilities in your particular circumstances. You should gain early legal advice as soon as you have any safeguard concerns or Court proceedings may be considered.

Domestic abuse and controlling partners

For victims in domestic abuse situations and/or where there is an unequal financial or control/power imbalance between the parents it is essential that you take steps to understand the law as soon as you consider leaving a relationship or your relationship ends. This is to ensure your abuser does not use the law against you to get away with what they did to you in the first place. The risk of not knowing the law and practicalities in detail can mean your abuser has an avenue to distract proceedings with the over focus on technicalities in law and on your response to what they did as opposed to the focus being on the risk they pose.

The law is there to protect all of us. It is important to protect against those who are dishonest and controlling and to prevent them using technicalities in law against victims and those who are vulnerable to ensure outcomes do not enable perpetrators to continue the abuse through the children.

I experienced this firsthand getting out of an abusive and controlling relationship, so it is something I personally and professionally have a lot of legal and practical knowledge around. I feel strongly about preventing this for others and educating those affected and those supporting those who are affected how to navigate this. If you need guidance in these areas please do reach out.

Get in touch to find out how we can help you with your questions about Parental Responsibility

Please contact Gemma Keats on 07874349555 or by email to see how she can best support you.