Unmarried couples with children should be aware of how filling in a simple form could help their family, not only if they should split in the future but also in case of emergencies.
Since 1 December 2003, men who are not married to the mother of their children, but who are named as the father on the child’s birth certificate, automatically have parental responsibility.
However, for children born before 1 December 2003 whose parents are not married, the father does not automatically have parental responsibility.
Parental responsibility gives fathers the right to bring up the child should anything happen to the mother, gives them a say in the child’s medical treatment and in changing the child’s surname, among other things. Men married to the mother of their children automatically have these rights.
And usually a father only becomes aware of his lack of parental responsibility when a relationship breaks down and he discovers how few rights he has regarding his children.
Often men find that they to apply to a court for parental responsibility at the same time as applying for contact with their children.
Another situation could be if something happens to the mother, either death or incapacity, leaving father with no rights regarding what happens to his children and faced with gaining parental responsibility
through a court at what is already a stressful time.
Fortunately, gaining parental responsibility through a court is now much simpler than it used to be, as courts recognise that granting responsibility to a father does not take any rights away from a child’s mother.
Previously, to be granted responsibility, fathers also had to show ‘commitment’ to the child, usually proven by paying maintenance and having regular contact.
"However, the most important reason for obtaining parental responsibility is if the child needs medical treatment and for some reason their mother is unavailable."
There are many advantages to obtaining parental responsibility.
A person with parental responsibility has a say choosing a child’s school or religion and a child normally residing in England and Wales cannot be taken out the country without the permission of everyone who has parental responsibility for them, meaning a mother cannot take her children abroad, even for a short holiday, without the permission of
the other parent, unless she has a residence order.
However, the most important reason for obtaining parental responsibility is if the child needs medical treatment and for some reason their mother is unavailable.
Without parental responsibility, the father cannot give consent in this situation.
Obtaining a parental responsibility agreement is a straightforward procedure and unmarried couple, especially those with children born before 1 December 2003 should ensure that the child’s father is covered by one.
The couple fills out a form available online, taking it to their local Magistrate’s Court with identification.
The agreement is then signed, witnessed and registered. Parental responsibility can only be withdrawn by a court, usually in cases where the child’s welfare is thought to be at risk.
Taking out a parental responsibility agreement while a couple is still together can save any potential anxiety and heartache in the future and is highly recommended.
And of course, it is always a good idea to obtain legal advice before signing any documents, agreements or contracts.
