Parental Responsibility in UK Law

Leading Cases
  • Re H (A Child)(Parental Responsibility: Vaccination)
    • Court of Appeal (Civil Division)
    • 22 May 2020

    Regardless of whether immunisations should or should not continue to require court adjudication where there is a dispute between holders of parental responsibility, there is in my judgment a fundamental difference as between a private law case and a case concerning a child in care. In private law, by s.2(7) CA 1989, where more than one person has parental responsibility, each of them may act alone and without the other.

  • Re P (Parental Responsibility)
    • Court of Appeal (Civil Division)
    • 19 Feb 1998

    Parental responsibility is not automatically conferred on fathers who are not married to the mothers of their children. There must, accordingly, be criteria against which an application for parental responsibility falls to be judged. The only statutory criteria are (1) that it must be in the interests of the child for such an order to be made and (2) that the making of a parental responsibility order must be better for the child than making no order.

  • Re S (Parental Responsibility)
    • Court of Appeal (Civil Division)
    • 16 Feb 1995

    It is wrong to place undue and therefore false emphasis on the rights and duties and the powers comprised in 'parental responsibility and not to concentrate on the fact that what is at issue is conferring upon a committed father the status of parenthood for which nature has already ordained that he must bear responsibility. Those interferences with day-to-day management of the child's life have nothing to do with whether or not this Order should be allowed.

  • Re C (Children)
    • Court of Appeal (Civil Division)
    • 14 Abr 2016

    Far from being asked to confer a power on themselves, the High Court was being asked to use its inherent jurisdiction to limit, circumscribe or sanction the use of power which the local authority already has by virtue of section 33(3)(b) CA 1989.

  • Re CD (Notice of Care Proceedings to Father Without Parental Responsibility)
    • Family Court
    • 24 May 2017

    The right to receive a copy of Form C6A is not limited to those who are able to establish that they are entitled to the protection of Article 8. The right to receive a copy of Form C6A exists for the benefit of every father whom a local authority 'believes to be a parent without parental responsibility for the child' irrespective of whether or not that parent has de facto family ties.

  • Re S (Minors) (Care Order: Implementation of Care Plan); Re W
    • House of Lords
    • 14 Mar 2002

    First, a cardinal principle of the Children Act is that when the court makes a care order it becomes the duty of the local authority designated by the order to receive the child into its care while the order remains in force. While a care order is in force the court's powers, under its inherent jurisdiction, are expressly excluded: section 100(2)(c) and (d). Further, the court may not make a contact order, a prohibited steps order or a specific issue order: section 9(1).

  • M (A Child)
    • Court of Appeal (Civil Division)
    • 31 Jul 2013

    It has become more common for parental responsibility to be considered by a court before other substantive welfare decisions are made because it is an important status which is an incident of the family and private lives of the adults and child concerned and which is reflected in the way in which parents should exercise their responsibilities for their child.

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Legislation
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Books & Journal Articles
  • Adoption Applications And Parental Responsibility
    • Núm. 20-5, Septiembre 1957
    • The Modern Law Review
  • Withdrawal of Parental Responsibility: Lost Authority and a Lost Opportunity
    • Núm. 78-6, Noviembre 2015
    • The Modern Law Review
    This comment examines Re D (Withdrawal of Parental Responsibility), the first reported Court of Appeal decision on withdrawal of parental responsibility pursuant to section 4(2A) of the Children Ac...
  • Truancy and the Prosecution of Parents: An Unfair Burden on Mothers?
    • Núm. 74-2, Marzo 2011
    • The Modern Law Review
    This article considers the development and use of the law regulating the prosecution of parents under section 444 of the Education Act 1996, in the broader context of legislation and policy initiat...
    ...... policy initia- tives conc erned with the gov ernance of parental resp onsibility . It explor es the ways in which the power to prosec ute ..., abo ve all else, with the governance of par ental responsibility. The compr ehensive bo dy of newpowers includes , interalia , parenting ......
  • Towards Good Practice in Juvenile Justice Policy in the Commonwealth
    • Justice And Good Governance Issues
    • Memoranda
    • Allison Morris/Loraine Gelsthorpe
    • Professor of Criminology/Reader in Criminology and Criminal Justice
    • 1-37
    1. Introduction.2. Methodology. 3. Key Issues. 3.1 Ages of criminal responsibility, prosecution and adulthood. 3.2 Dealing with antisocial behaviour. 3.3 The aims of juvenile justice. 3.4 Restorati...
    ....... . @@3. Key Issues . . @@@3.1 Ages of criminal responsibility, prosecution and adulthood . . 3. There are differences in the age of .... . @@@3.12 Encouraging parental responsibility . . 15. There is little to suggest that there are ......
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