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Parental Responsibility
Parental Responsibility Overview
Parental responsibility refers to the legal duties and powers that parents or legal guardians have towards their children. It encompasses a wide range of responsibilities aimed at ensuring the well-being and proper upbringing of the child.
Key Responsibilities
- Decision Making: This includes decisions about where the child lives, their education, health care, and religious upbringing.
- Care and Protection: Providing a safe living environment, protecting the child from harm, and fulfilling basic needs such as food, water, and shelter.
- Financial Support: Ensuring the child is financially supported, regardless of whether one has parental responsibility.
- Discipline and Education: Disciplining the child and investing in their education.
- Travel and Name Changes: Consent for travel abroad and changes to the child's name.
Legal Framework
Parental responsibility is not explicitly defined in English law but is recognized as a set of duties rather than rights over the child. In the UK, mothers automatically have parental responsibility, while fathers may acquire it through marriage, a parental responsibility agreement, or a court order. In the U.S., similar concepts are covered under state laws regarding child custody and parental duties.
Decision Making and Consent
For major decisions, such as moving abroad with the child, both parents with parental responsibility must agree in writing. If agreement cannot be reached, legal options like Specific Issue Orders or Prohibited Steps Orders may be pursued.