What is a Parental Responsibility Agreement?

As a parent we all of us want to have the right to make - or be involved in the making of - important decisions regarding the well being of our children. However it is not always the case that things are cut and dry when it comes to the making of such decisions especially if the parents are (a) not married or (b) no longer living together as the result of a marital breakdown.

There are ways in which this problem can be alleviated and providing both parties agree they can both enter into what is known as a Parental Responsibility Agreement.

What is a Parental Responsibility Agreement?

A Parental Responsibility Agreement is - for want of a better description - a contract entered into by both parents and witnessed by two independent witnesses and a clerk of the court. This agreement allows both parents to have responsibility for the well being of their child or children or can give authorisation to allow the unmarried father to have responsibility for his child in the absence of the mother. Likewise the father also has the right to be consulted when it comes to making decisions with the mother which may have a major impact on the child's (or children's) well being.

Why is a Parental Responsibility Agreement Necessary?

Unfortunately the law is not really in favour of fathers who are not living with the mother of their children and as such it is necessary to having something set out legally telling those in authority that the child's (or children's) father does indeed have the right to make decisions as to their well being either in the mother's absence or jointly with her.

The law in the United Kingdom is usually always in favour of the mother when it comes to decisions relating to the children unless there are issues of neglect or abuse which render her incapable or not allowed to look after them. To this end a Parental Responsibility Agreement also ensures that the father can - if needs be - take legal action if he thinks the child (or children) are not receiving suitable care under the mother's guidance.

How Do We Make a Parental Responsibility Agreement?

Providing both parties are happy to do so the process is actually quite straightforward. If you have access to the Internet you can download copies of the forms from HM Court's Service website. If you do not have access to the Internet you can obtain them from your local family court - or ask a solicitor to obtain them for you. Once the forms are filled out and signed by both parties , and witnesses for both parties, they must be returned to the family court where they should be signed by a Justice of the Peace (JP) or registrar with the appropriate permissions.

Once this has been done the forms are then sent to the Principal Registry for the Family Division where they are copied and returned - one to each parent stamped. The agreement proper does not commence until the date on which both parents have received their stamped copies of the agreement.

Can I Cancel a Parental Responsibility Agreement?

You can make an application for the agreement to be cancelled but this has to be done by the court and reasons as to why the agreement should be cancelled must be proffered in person. Or an application can be made on behalf of the child (or children) named in the agreement if there is suitable grounds to think that neglect or abuse is taking place.

Otherwise the Parental Responsibility Agreement will continue to stay in operation and remain legal until the child (or children) have reached the age of adulthood which is eighteen.

Related Articles in the 'Children's Rights' Category...

• Children in Care
• The Law & Child Discipline
• The NSPCC and Parents
• The Rights of Children Under Employment Law