Parental Responsibility

If you are a parent then you are responsible in the eyes of the law for the safety, well being and upbringing of your child. Parental responsibility requires that you make certain decisions as to how your child is educated and also – in the unfortunate event of illness – how your child receives medical attention. You are also required to ensure – by law – that your child receives the best care possible within the family unit.

Who has Parental Responsibility?

Automatically – by law – the mother of any child or children has parental responsibility for them. If the parents are married then parental responsibility is a joint venture and both parents should have a say in how their children are brought up and also in all other decisions relating to education etc.

However the law is very clear and states that if a mother is unmarried then she has sole parental responsibility and all decisions relating to her children’s upbringing are her sole responsibility.

If your child was born after 1st December 2003 however and you – as the father – are named on the child’s birth certificate then you have parental responsibility too.

If your child was born prior to 1st December 2003 (when the law changed) then you must apply to the courts to obtain parental responsibility.

Deciding what is Best for the Children

It is the duty of any parent to decide what is best for their children and this can be no more evident then when it comes to choosing a school. As a parent the responsibility lies with us to choose a school or number of schools for our children to attend and within that hope that the one we have chosen is right for them and also the one at which they will receive the best education possible.

Parents will also have to decide on how to educate their children on such issues as morality and religion.

Applying for Parental Responsibility

If you are a father and are not married to your child’s mother then you are not automatically given parental responsibility. This is something that you must apply through the courts for and only after they have considered your application will they rule in favour of or against your application.

When applying to the courts to be considered for parental responsibility you must show a level of commitment to your child as well as a high level of attachment. The court ultimately has the final decision and must take all things into account before making a decision. They must also consider why the father wishes to be given parental responsibility and may look at the mother’s ability to care for the child or children.

A court welfare officer may be appointed to assess the father’s level of commitment to his children in terms of attendance and also how he interacts with them.

You can re-register your child’s birth if you are the natural father and this automatically gives you parental responsibility but it should be noted that if you are the child’s father and have sought the permission of the courts to be recognised as a parent with an appropriate level of responsibility then re-registering your child’s birth will only seek to confuse matters.