Parental Responsibility

• Published date: 09 March 2023
• Subject Matter: Litigation, Mediation & Arbitration, Family and Matrimonial, Family Law, Arbitration & Dispute Resolution
• Law Firm: Birketts
• Author: Natasha Thompson and Rachel Frost-Smith

Parental Responsibility gives you the legal authority to make important decisions about your child/ren and their upbringing. These could include where the child/ren will go to school, which vaccinations the child/ren should have, or whether they should have a religious education.

In most circumstances, parents and carers will be able to speak to each other about their views and concerns and reach the decision they believe is right for their child. Parents and carers can be assisted in reaching an agreement with one another by seeking outside help from professionals - from family therapists to mediators.

While mediation is a voluntary process, if both parents or carers are on board, a mediator can help them to resolve their disagreements in a gentler and more cost-effective way than pursuing an application to the court. Our Family Law Mediation service helps people to communicate with each other to resolve conflict in a positive way and reach solutions which suit the family's needs.

Although mediation can be very effective, it is not the right option for everyone and, in some circumstances, it may not be appropriate. Alternative forms of dispute resolution may also be explored. Ultimately, if an agreement cannot be reached, a Specific Issue Order can be sought from the family court to determine a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child. In the alternative, a Prohibited Steps Order can be sought from the family court to prevent someone with parental responsibility from taking a certain action or making a certain decision in relation to a child, if the other parent or carer disagrees with it.

It is well publicised that the family court system is facing significant backlogs, delays and issues with judicial capacity. These delays can cause significant uncertainty for families, as well as creating additional stress and increasing costs. Where practical issues, such as...