Last Updated on:
The subject of parental rights can be a thorny issue, especially if you are going through, or have been through an acrimonious divorce with children involved. As well as potential conflict with the other parent, there can also be some confusion over legal entitlements, for example, what exactly are non-resident parents’ rights and responsibilities? In this article, we explore the key factors to consider if you are a separated parent.
What is parental responsibility?
Parental responsibility is a term pertaining to the rights and duties of parents towards their children under the age of 18. Practically speaking, if you have PR, your role is to provide a safe home and protection for your child, choose and provide access to education, and agree on medical care.
According to gov.uk, a mother will have automatic parental responsibility for her child or children as soon as they are born. For the father to have parental responsibility, he must be named on the child’s birth certificate or be married to the mother. Another option to gain PR is to actively apply for it.
Father’s rights
Although it is not always the case, generally speaking, it is often the mother whose children will reside following a divorce or separation. This can spell frustration for some fathers who are concerned about how often they will see their children and what rights they have.
However, if both parents have PR, they will both have equal rights in relation to their child. Not having PR does not necessarily equate to not being able to have contact with your children. If the parent who is not living with their child believes that their rights are not being observed by the other parent, they can apply to the family courts in the form of a Prohibited Steps order to stop a specific action in relation to a child taking place. A Specific Issue order can also be used if there is a disagreement on a particular area such as which school a child should attend.
Can I take my child on a foreign holiday?
If you want to take your child overseas you must obtain permission from other people who hold parental responsibility. This is commonly a letter that includes the other parent’s contact details and information on the excursion or holiday. In some cases, you could be asked to show this document to border officials either in the UK or abroad. In line with the Children Act 1989, a resident parent can take their child abroad without gaining permission from the non-resident parent for up to 28 days.
Education
If you have PR, you have the right to stay updated on various aspects of your child’s schooling, for example, you are entitled to be involved in parents’ evenings, receive school reports, be involved in gaining an Education, Health and Care Plan if relevant, or choosing a new school for your child.
Can contact with a child be withheld?
If one of the parents is attempting to prevent contact between the other parent and the child, then it is possible to make an application to the courts for a child arrangements order. This order will set down the frequency and pattern of any future contact.
Conclusion
If you are a separated parent and would like to understand more about what your legal rights and responsibilities are, then it is advisable to contact a family lawyer who will be able to look at your specific circumstances and advise you accordingly.
