A mother automatically assumes parental responsibility for her child from birth. The father has parental responsibility in the first place only if he is married to the mother of the child at the time of the birth of the child. If he is not married to the child`s mother, he has no parental responsibility unless he acquires it in accordance with the provisions of the Children`s Act 1989. If more than one person has the parental responsibility of one child, each person can act alone and without the other (or the other) to assume that responsibility; Fathers who were married to the child`s mother when the child was born automatically assume parental responsibility. [CA 1989 s2 (1)] When registering the child, the mother should include the father`s name in the birth certificate. If the father`s name is not included in the inscription, but the father wishes to assume parental responsibility, the mother must re-register the birth of the child. This can be done through your registry office and for more information here. Parental responsibility can be obtained by applying for a parental responsibility settlement in court. This gives the father a recognized legal status as the child`s parental responsibility. It is an independent application that does not deal with children`s arrangements. You can apply with form C1 and court fees are $215.
Before applying for a parental responsibility settlement, you must attend an Information Assessment Meeting (MIAM) with a mediator and the Ombudsman will confirm that you have participated. Parental responsibility was a legal concept first defined in the 1989 Children`s Act (s3) as “all rights, obligations, powers, responsibilities and statutory powers conferred by law on a parent of a child with respect to the child and his or her property.” A detailed and explicit definition of what this includes has been deliberately avoided. Over the years, a number of Court of Appeal judgments have given the bone of simple definition in the status of the flesh. The 1989 Act emphasized parental responsibility for parental rights, but in many cases a parent must exercise his or her rights to assume his or her responsibilities.