Parental Responsibility

Parental responsibility is a concept introduced by the Children NI Order 1995. It refers to all the rights, duties, powers, responsibilities, and authority of a parent.

If the mother and father of a child are not married at the time of birth; the mother has parental responsibility. Where parents are married, each parent has parental responsibility. If the father later marries the mother, he automatically acquires parental responsibility in retrospect. They can only be lost by adoption or courte order.

The father has parental responsibility if he acquires it in accordance with the legislation. An unmarried father may be granted parental responsibility, notwithstanding that the mother is married to a third party.

A father may acquire parental responsibility by court order. The court must be satisfied that the father has demonstrated parental commitment and is paying maintenance. If a father obtains a residence order from the court, the court must also issue a parental responsibility order.

In considering a father’s application for parental responsibility, the interest of the child is paramount. The order may be granted notwithstanding resistance on the part of the unmarried mother and mutual animosities; the relevant considerations are the degree of commitment and attachment, the father’s motivation for applying for the order.

The father and mother may enter a parental responsibility agreement providing that the father holds parental responsibility for the child.

A person with parental responsibility may temporarily delegate part of the responsibility to another. In  these cases, the person who has care of the child may delegate parental responsibility, where is necessary and is reasonable in the circumstances for the purpose of safeguarding and promoting the child’s welfare.

The delegation of parental responsibility does not abrogate the responsibility of the parent person making the delegation. The parent has duties in relation to the suitability of the delegation.

Parental responsibility may be terminated on the application, of any person having parental responsibility. It may also be terminated on the application of the child with the leave of court. It cannot be terminated by agreement.

Relatives may make application for access. That does include grandparents, brothers, sisters, uncle and aunts where of the half-blood, full blood by affinity and step-parents.

Under the post-1995 legislation, grandparents and other relatives may apply for residence and contact order. Where the child has been with a relative for over three years and the person with parental responsibility consents, an application may be made without court leave. Otherwise leave of court is required.

A grandparent may apply for a financial allowance. The trust has a discretion in relation to payments and support of placements or the residence orders other than what the placement is with the parent or step-parent.

The child’s best interests are paramount. In a dispute between a relative and non-relative, the court will tend to favour the relative.