Fundamentally, anything concerning a child’s welfare, their day-to-day care, and any decisions made in relation to things such as registering with a GP, comes under the auspices of parental responsibility.
Fundamentally, anything concerning a child’s welfare, their day-to-day care, and any decisions made in relation to things such as registering with a GP, comes under the auspices of parental responsibility.
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Day-to-day decisions are generally made by the person who looks after the child for the most time. They don’t always have to be agreed with each person with parental responsibility on each occasion, although this doesn’t mean parents shouldn’t discuss what they think is appropriate on a day-to-day level. It is helpful if parents agree on how to tackle issues such as discipline, homework, or bedtimes, but if you can’t agree then neither parent can force the issue with the other, and the matter would ultimately be down to the court to decide.
If I have parental responsibility, can I change my child’s doctor?
Parental responsibility dictates the level of influence a parent has in their child’s life, including for matters such as changing their doctor. Essentially, important decisions in a child’s life must be agreed with anyone else who holds parental responsibility. If both parents have parental responsibility, then the parent advocating the change should first discuss it with the other parent before acting. If they fail to consult the other parent, and make the change anyway, or do so knowing the other parent objects, then the matter can be resolved via court action. Although this must always be considered a last rather than first resort.
If the other parent does not have parental responsibility, then the parent wishing to make the change can theoretically act regardless of the other parent’s wishes. However, if the matter ended up in court, it is likely the judge would take a dim view of such arbitrary actions, as the other parent should, at the very least, have been consulted.
There is one caveat to this. If, for example, the parent with care has moved house and it is therefore expedient for the child to attend a new GP practice. Then, it makes sense to change and would probably be seen as being in the best interests of the child. If the other parent was unreasonably objecting to such a change, it is unlikely the court would see the changing parent’s behaviour as unreasonable in the circumstances.
Do all parents have parental responsibility?
No, the only people who automatically attain parental responsibility are:
- Birth mothers
- Fathers who are married or in a civil partnership with the mother when the child is born. This is not lost if the parties divorce or dissolve their civil partnership
- Fathers who are not married to the mother but are registered on the child’s birth certificate.
- Civil partners and same sex partners of the birth mother who are registered as the child’s legal parent on the birth certificate.
It should be noted, where the birth mother is married or in a civil partnership with another woman, there are circumstances where the partner will not automatically attain parental responsibility. For example, where the partner doesn’t consent to the pregnancy or in conception resulting from sexual intercourse.
If you fall into a category that doesn’t automatically obtain parental responsibility, for example, if you are a father who was not married/in a civil partnership with the child’s mother at the time of birth, or were not registered on the child’s birth certificate, there are a number of ways you can get it. Find out more about how you can acquire parental responsibility.
What are examples of decisions someone with parental responsibility can make?
The following are examples of decisions someone with parental responsibility can make about a child life. As stated above, the following matters should have the agreement of everyone with parental responsibility:
- Where a child lives
- Whether or not the child has medical treatment, which may include changing the child’s GP
- How and where a child is educated
- Which, if any, religion a child follows
- Deciding a child’s name and registering their birth
- Giving consent for a child to leave the country, whether permanently or for a holiday.
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