A couple planning to take a stepchild on a break may not realise they need the other biological parent’s consent if both parents share Parental Responsibility, a legal term surroundingthe rights, duties, powers, responsibilities, and authorities a parent has in relation to a child under the law.

All mothers will automatically have Parental Responsibility together with fathers who are registered on the birth certificate. They will not lose it if they are divorced, or the civil partnership is dissolved. 

The issue is growing in importance with the increase in the number of ‘blended’ families, where each partner has children from a previous relationship. Roughly 1.1 million children in England and Wales live in blended families, according to UK Government figures.

Family & Matrimonial Solicitor, Natasha Aspinall says:

“There is a common misconception that those who hold Parental Responsibility in relation to their child or children automatically have a right to take their child abroad. This is incorrect, the term Parental Responsibility attempts to focus on the parents’ duties toward their child rather than the parents’ rights over the child.

The general day-to-day decisions should be made by the parent with whom the children reside without interference from the other parent, subject to any additional provisions.  Important decisions regarding a child, such as taking a child abroad for an extended stay for example, need to be made by everyone with Parental Responsibility for the child.

If a blended family wants to go on a break, it’s generally necessary to obtain the other parent’s agreement. If the biological parent doesn’t agree, you might need to apply to the court for permission. No one wants to discover this when the bags are waiting by the doorway and the airport taxi is booked.

What time each parent is to spend with a child is to be agreed between the parties and if an agreement cannot be reached then either party will need to make an application to the court for a Child Arrangements Order (CAO). A CAO is a legally binding court order in the UK that specifies where a child will live, who they will spend time with, and the nature of that contact. The court will expect the parties to have engaged in mediation before the application is made.

CAOs let each parent, as well as their new partners, know where they stand and prevent misunderstandings and disagreement, leading to more stability for the child, It also helps ease any uncertainty for the parent that does not live with the child by alleviating any anxiety they may have about feeling like the ‘lesser’ parent.”  

If you need advice on any Parental Responsibility related matters, please talk to us. Whatever the circumstance, we can advise on and apply for parental responsibility if required.

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Parental Responsibility is defined by the Children Act 1989 as “all the rights, duties, powers, responsibilities and authorities which by law a parent of a child has in relation to the child and their property”.  The term parental responsibility attempts to focus on the parents’ duties toward their child rather than the parents’ rights over the child.

Where important decisions regarding a child need to be made then all of those with Parental Responsibility for the child should be involved in such decisions.   The general day to day decisions should be made by the parent with whom the children reside without interference from the others that hold parental responsibility.   The important decisions which should only be made by those who hold parental responsibility are as follows:

1. Decisions regarding the child’s education and choice of school.
2. Changing a child’s name.
3. Consenting to a child’s operation or certain medical treatment.
4. Consenting to take a child abroad for holidays or extended stays.
5. Determining the religion the child should be brought up with.

All mothers will automatically have parental responsibility and fathers who are married to or in a civil partnership with the mother automatically have parental responsibility and will not lose that if they are divorced or the civil partnership is dissolved.    A father who is not married or in a civil partnership with the mother can obtain parental responsibility in the following ways:

1. Marrying or entering into a civil partnership with mother
2. Having his name registered or re-registered on the birth certificate if his name is not already registered.
3. Entering into a Parental Responsibility agreement with mother.
4. Obtaining a Parental Responsibility Order from the Court.
5. Having obtained a Residence Order prior to the 22 April 2014.
6. Being named as the resident parent under a Child Arrangements Order.

However, Parental Responsibility does not provide an automatic right to the holder to have contact with a child.    What time each parent is to spend with a child is to be agreed between the parties and if an agreement cannot be reached then either party will need to make an application to the Court for a Child Arrangements Order.   Prior to such an application being made the Court will expect the parties to have engaged in Mediation to ascertain whether an agreement can be reached.

Our family department has extensive experience with handling children cases. If you need assistance please contact our friendly team to see how we can help.

Article written by Family & Matrimonial Solicitor, Natasha Aspinall.

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