Myths about Parental Responsibility: what am I allowed to do?

Myths about Parental Responsibility:  what am I allowed to do? 

Most parents will exercise their Parental Responsibility day to day without realising. However, when parents separate, it can become at the forefront of their minds. There are many misconceptions about what Parental Responsibility entitles a parent to do; particularly if the separated parents do not agree.  This blog will address some of the many myths surrounding parental responsibility and what it enables parents to do.  

Myth Number 1:  Father’s always have Parental Responsibility for their children.

This is incorrect. Whilst a mother will always, automatically have Parental Responsibility for a child when they are born; the same is not true for Father’s. There are several ways that a Father can acquire Parental Responsibility, such as: 

1. Being married to the mother at the time of the child’s birth 
2. Being named on the birth certificate for the child 
3. Entering into a Parental Responsibility agreement with the mother 
4. Obtaining a court order to acquire parental responsibility 

Myth Number 2:  If I am a Father without Parental Responsibility, I have no duty to pay maintenance towards my child.

This is incorrect. If a Father has not acquired PR by one of the methods outlined above, it does not follow that there is no obligation to contribute financially towards supporting the child concerned. As long as the requirements of the Child Maintenance Service are met, the resident parent will be able to make an application for the non-resident parent to contribute financially. 

Myth Number 3:   Having Parental Responsibility means that I can make decisions that affect my child, regardless of the other parent’s opinion.

If two or more people share Parental Responsibility, you are able to exercise your PR to make routine day-to-day decisions without obtaining the consent of the other PR holders each time. The Children Act 1989 makes clear that “where more than one person has parental responsibility for a child, each of them may act alone and without the other (or others) in meeting that responsibility”. 

Many people may choose to exercise their PR in different ways, and make different decisions, as to what they think is best for their child.  Whilst the child is in your care,  you should be able to exercise your PR in the way that you think is best (even if it is not what the other parent would have done).

Day-to-day decisions could include what you prepare your child to eat, where you take your child in your spare time, which hobbies you encourage them to pursue, who you allow your child to socialise with, and so on.  

However, it would be incorrect to assume that you can make major decisions without consulting the other PR holders.  Major decisions such as changing schools, moving abroad or changing surnames should only be made when an agreement has been reached between all parties.

If an agreement cannot be reached about the best way to proceed when making a major decision, an application to the court would have to be made. 

Therefore, there is a clear distinction between day-to-day exercise of PR which you can exercise autonomously and without the consent of other PR holders; and major decisions that require agreement. 

It would be best if the agreement for major decisions is recorded in writing. 

Myth Number 4:  Having Parental Responsibility means that I can take my child abroad whenever I want too.

This is incorrect.  A child cannot be taken out of the country without permission from everybody who has PR.  If a child is taken from the country without consent, this is child abduction. 

If it is not possible for everybody with PR to reach an agreement, an application can be made to the court for the court to grant consent. 

Best practice would be to obtain the consent from other PR holders in writing to the proposed holiday.  You should provide them with details of your flights and accommodation, so that they are aware where their child will be staying. 

The rules are slightly different if you have a Child Arrangements Order which states that a child “lives with” you.  In this situation, you can take the child abroad for 28 days without needing to obtain the permission from other PR holders.  However it would always be best practice to obtain it wherever possible. 

Myth Number 5:  Parental Responsibility means that I can make medical decisions on behalf of my child. 

Yes, this is correct. However, if two or more people share Parental Responsibility, parents should aim to reach a unanimous agreement before consenting to treatment, particularly if the treatment is major.  If this is not practicable in the case of an emergency, one parent will be able to make an executive decision, but they should try to do everything possible to communicate with the other parent first.  

If the other parent is not happy with the medical decision that you have made or you have proposed, they could apply to the court for a Prohibited Steps Order or Specific Issue Order to prevent the treatment going ahead. However, the Court would only grant such an order if it were in the child’s best interest to do so. 

Routine, day-to-day medical decisions such as giving a child medicine or taking them to a GP for minor injury would not typically require the consent of all PR holders. A person with PR can act alone in routine instances but should inform the other parent as a courtesy. 

Myth Number 6:  Only parents can have Parental Responsibility for a child. 

This is not correct. Various other people can acquire parental responsibility towards a child, and there is no limit to the number of people who can have parental responsibility at any one time. 

For example, a Local Authority may obtain PR if a care order is made.  A friend or family member, if nominated as your child’s legal guardian under your will, would obtain PR if you were to pass away. Step-parents or civil partners could obtain PR by entering into a PR agreement with the parents, or anybody with whom a child is to “live with” under a Child Arrangements Order can apply for a Parental Responsibility Order. There are numerous ways in which non-biological parents can acquire PR. 

Contact us 

If you have any further questions regarding parental responsibility and decisions concerning your children, please do not hesitate to contact our expert Family Lawyers.  We have offices based in Wolverhampton and Cradley Heath and serve clients across the West Midlands and Black Country.  If you complete our online enquiry form, a member of our team will contact you for an initial discussion.

Alternatively contact Mark Vandaele, Head of Family Law, on 01902 796930

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