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What is PR?
The Children Act 1989 defines it as 'all the rights, duties, powers, responsibilities and authority which by law a parent has in relation to the child and his property'. In practical terms, this means consenting to medical treatment, choice of schooling, choice of religion, discipline, providing permission to reside abroad and deciding the name of the child, or subsequently whether a surname should be changed.
Having PR means that parents/carers have an equal say in how their children are brought up, including deciding where and with whom they will live and whom they will see. However, as the children usually reside with one parent, that parent will have the principle responsibility for the day to day care and arrangements of the children - the other parent will not be expected to interfere unless for very good reason.
Who has PR? 1. The child’s mother; 2. Married natural parents of a child; 3. Fathers where the child’s birth was registered after 1 December 2003 and the father is named on the Birth Certificate; 4. PR has been acquired by another statutory means, namely: a. By agreement between the Mother and natural Father on a prescribed form which is registered with the Principal Registry in London. It can also be made by Agreement between a Step Parent and the other parents with PR. b. By reason of the natural parents’ subsequent marriage to each other. c. By the Court granting a Parental Responsibility Order to a natural or Step parent. In principle the Courts will expect fathers who have shown a degree of commitment and attachment to a child and who are seeking PR for good motive, to be granted PR. d. By the making of a Child Arrangements Order or Special Guardianship Order, which automatically confer Parental Responsibility for the duration of the Order (this is often used by other carers to obtain rights and responsibilities for a child e.g. grandparents who are the child's permanent carer). e. By an Adoption Order being made by the Court. f. In line with changes to human fertilization and embryology, the following people now acquire parental responsibility: a) Acquisition of PR by a second female partner can be achieved is she is registered on the child’s birth certificate, the birth mother agrees and they enter into a Parental Responsibility Agreement, or by Order of the Court. b) A second male partner can achieve Parental Responsibility where the sperm of one male partner has been used in the conception of a child and the child resides with the two male partners. If the child’s birth was registered before 1 December 2003 to unmarried parents or after that date but the Father is not named on the birth certificate, the Father does not have PR unless the Father has acquired Parental Responsibility by another statutory means