Parental responsibility is the legal relationship between an adult and a child. It encapsulates all the decision-making power and authority needed to provide effective long-term care for that child.
Parental responsibility holders can make decisions about a child’s education, their religion, medical treatment and many other major issues surrounding their care. Parental responsibility does not entitle you to act incompatibly with a court order, however, and there are some important restrictions, for example changing a child’s name or removing a child from the country without the other parent’s consent.
If two parents both have parental responsibility, they will need to consult with each other about these issues and, if they can’t agree, can ultimately ask the Family Court’s to decide.
Some people automatically hold parental responsibility, for instance, the birth mother of a child, or if they were named on the birth certificate or married to the mother at the time of birth. But you can also acquire parental responsibility, either by agreement with the other parent or by Court Order.
Modern families come in all shapes and sizes. If you are unsure about your legal position do get some legal advice to reassure you.
If you have more questions about this topic or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email contact@thedivorcesurgery.co.
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