As a parents you are responsible, in the eyes of the law, for the safety, wellbeing and upbringing of your child. Parental responsibility requires you to ensure that your child receives the best care possible within the family unit. Although not an exhaustive list, parental responsibility means:
- Providing your child with a name
- Offering a secure and safe home
- Providing your child with good discipline
- Playing an active role in their education
- Deciding how your child receives medical attention
- Nominating a guardian for your child, if necessary
Who has Parental Responsibility?
By law, the mother of any child automatically has parental responsibility for them from birth. If the parents are married at the time of the birth or they have jointly adopted the child, then parental responsibility becomes a joint venture and both parents should have a say in how that child is brought up.
If parents then divorce, they do not lose parental responsibility and are still responsible for the child one the marriage has been dissolved.
Check your legal rights as a parent on education, health and welfare decisions.
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If a mother is unmarried, she has sole parental responsibility for that child, and all decisions relating to her child’s upbringing are hers.
However, unmarried fathers can gain legal responsibility for a child by:
- Jointly registering the birth of the child with the mother
- Making a parental responsibility agreement with the mother
- Having a parental responsibility order, made by a court
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Applying for Parental Responsibility
If you do have to apply to the courts for parental responsibility of your child, 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 deciding on parental responsibility. The court 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.
My daughter is now 18 and in full time education as well as having a part time job.
Do I still need to pay support for her and if so can I pay it directly to my daughter.
The father has now stopped payment. Full details below. But can he do this? Ans what actions should I take.
I was admitted into hospital with liver problems which have been know before due to drinking and diet etc. My ex has known this for years ans never has it been an issue for his care. In hospital I reached out and have now been discharged and 100 timwa better. I asked my ex to look after my son whilw I was in hospital for a week ans since his regused to give him back ans now stopped money which is what I Use for rent etc. So his left me unable to pay bills that's normally used to keep a roof over his heat. Food etc.
Over the last two weeks I’ve had bad news about my job and health which im struggling to cope with. A female friend invited me to go to a dinner to help me switch off but hat is on a night when I have the kids. Asked ex for help but said he can’t have the kids.
I suggested using a baby sitter for a few hours, and the sh*t has hit the fan calling me irresponsible cause I fancy a night out for myself.
What rights has he got to stop me getting a trusted baby sitter?
I don’t know what to do I have four young children. My eldest daughter is going to be 15 she screams at me demands. Often at 10 in the night she will say she needs me to buy her something for school if I don’t she will continue screaming too I get it. She argues with all my other children threatens me that she won’t have anything to do with me. She spends all her time in her phone sleeping til 12. I buy her everything she needs drop her at school pick her up if I am not on time she will phone my work none stop. I am starting to get ill with it all with chest pain. She has done this for 4 years. She gets money when she wants if she doesn’t she will scream at me. She threatens me that she will have nothing to do with me. Legally when can I tell her to move out. She is ruining my life she is never on time for school looses stuff is always late. If she is late and we go out without her she leaves me nasty messages and threatens she will never see me again. I am constantly getting chest pain my weekend are living hell. I went to my GP he said go to CAMs she won’t. She continues to bully me and threaten me. I really need her to move out. I just feel life is unbearable for me. Even if she sees I am struggling she mocks me. Where can I legally place her. The other children have had enough we tell her she has no remorse and doesn’t care one bit. I really need respite from her we all do so she will stop bulling us all. I am getting very ill and down she knows this but just shout at me.
The child (now 9) resides with the mother who has full custody.
Visitation by the father is at the discretion of the mother.
The father has completed anger management as ordered by the court, and has had regular contact with the child since his rights were terminated a few years ago.
Can the father apply to the court to have his parental rights reinstated on the grounds he has complied with the court order and there have been no reported incidences of abuse or assault since his rights were terminated?
(All parties reside in the UK)
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