Miscellaneous

When does the Court of Appeal consider parental responsibility?

When does the Court of Appeal consider parental responsibility?

In Re D [2014] EWCA 315 the Court of Appeal considered the case law. Parental responsibility is an issue concerned with the upbringing of a child and therefore under section 1 (1) (b) CA 1989 the child’s welfare will be the court’s paramount consideration.

When does an unmarried father acquire parental responsibility?

The reasons for this were described in Re M (A Child) sub nom PM v MB and M (A Child) [2013] EWCA Civ 969 at [14]: Since 1 December 2013 and by section 4 (1) CA 1989 as inserted by section 111 Adoption and Children Act 2002, an unmarried father acquires parental responsibility by the inclusion of his name on the child’s birth certificate.

Do you know if a parent has parental responsibility?

Whether or not a parent has parental responsibility is not simply a matter that achieves the ticking of a box on a form. It is a significant matter of status as between parent and child and, just as important, as between each of the parents.

Are there restrictions on how parental responsibility is exercised?

There can be restrictions on how parental responsibility is exercised, including the gaining of court orders in order to settle or prohibit a particular action by someone with parental responsibility.

What do you have to do if you have parental responsibility?

You’re also responsible for: Parents have to ensure that their child is supported financially, whether they have parental responsibility or not. If you have parental responsibility for a child but you do not live with them, it does not mean you have a right to spend time with your children.

There can be restrictions on how parental responsibility is exercised, including the gaining of court orders in order to settle or prohibit a particular action by someone with parental responsibility.

When was the concept of parental responsibility introduced?

Parental responsibility (PR) was introduced by section 2 of the Children Act 1989. It replaced the concept of parental rights in section 4 of the Family Law Act 1987.

In Re D [2014] EWCA 315 the Court of Appeal considered the case law. Parental responsibility is an issue concerned with the upbringing of a child and therefore under section 1 (1) (b) CA 1989 the child’s welfare will be the court’s paramount consideration.