|
|
Divorce Guide |
Parental Responsibility OrderParental Responsibility Order is of great significance for unmarried or divorced couples when it comes to raising their children. Parental Responsibility (PR) is defined in section 3 (1) of the Children Act of 1989 as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.” The married natural mother and natural father automatically have Parental Responsibilities. If your name is in the birth certificate of the child along with the mother then you have the PR. However, in case of unmarried couples the mother has the automatic PR and the father has to obtain it from the court. Those who have the Residence Order have the automatic PR rights. Unmarried birth fathers can obtain PR in order to have legal rights over the child. Parental Responsibility Order grants the unmarried birth father the legal rights to take crucial decisions related to the child like his education, residence, health or property. He becomes fully entitled to have a meaningful participation in the life of the child. He must be informed about everything important related to the child and would be able to give his valuable advice. Although there is no fixed definition of the rights and duties under Parental Order, here are certain things that you can definitely do related to your child:
The unmarried couples can also enter a Parental Responsibility Agreement with mutual consent. The agreement needs to be witnessed and signed by a justices’ clerk or a court officer. It should be filed in the court for legal approval. A PR agreement only signed by the couples and not filed in the court does not hold any legal sanctity. The form valid for a PR agreement is known as the C (PRA) form and is available with the local county courts or the Family Courts. In case the mother does not easily agree to enter into a Parental Responsibility Agreement then the unmarried natural father can appeal to the Family Proceedings Court (a part of the Magistrate Court). In case the case seems to be slightly complicated one can also approach the County Court. Before taking the final decision whether to grant Parental Responsibility Order to the father, the court takes into account a few important factors. The court analysis how capable is the father to take important decisions, what is the degree of attachment he has with the child, and what is the reason for applying for a PR. A Parental Responsibility Order for the parents lasts till the child is 18 years. For other people the order can last even earlier depending on the court’s decision.
|
Divorce in Europe
Divorce and Children Divorce in AustraliaDivorce Guide
| |
|
|
|
|