Plain speaking divorce, family and property law solicitors.

Parental Responsibility Agreement

The Children Act 1989 defines Parental Responsibility (PR) as, “all the rights, duties, powers, responsibilities and authority by law which parent of a child has in relation to the child and his property”.

In practice, only a parent with PR can give consent to medical treatment for a child, have a formal say in the child’s upbringing, schooling and religious education, and veto a change of the child’s name or a removal of the child from the country.

If parents are or were married, both will automatically have PR. In respect of unmarried parents, it used to be the case that only Mothers automatically acquired PR for their children. However, following changes to the law introduced by The Adoption and Children Act 2002, even if parents were not married, if the Father’s name is on the child’s birth certificate and the child’s birth was registered after 01.12.2003, he will automatically acquire shared PR with the Mother. Otherwise, if the Mother is in agreement, a Father can acquire PR by entering into a PR Agreement. This must be recorded on a prescribed form and lodged with the Court. Provided both parents are happy for the PR Agreement to be drawn up, we can prepare this for you and assist you in having the document signed and witnessed at your local Magistrates’ Court. We will also deal with the formalities required for registering the PR Agreement in the Family Division of the Principal Registry Court in London.