parental responsibility

Question 1

what is PR

Answer 1

children act 1989 sc3- all the right, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property

isnt-
-an obligation to pay child maintenance
-power to raise a child
-power to have a child live with you
-the sole way that obligations to the child are created

Question 2

How mother get PR

Answer 2

-children act 1989 sc2(1)- its automatic

Question 3

how father get it

Answer 3

-being maried to the mother
-being on the birth certificate
-PR agreement sc4 (1)b children act (consent is present)
-PR order sc4 children act 1989 (when father wants to be on birth certificate)
Re x 2000- both parents agree and no checks on paternity and state minimal interference
-awarded a residence order
-guardianship
-adoption

Question 4

section 4 applications

Answer 4

-must be genetic father of child under 18
-wellbeing of the child is parmount
-Re H 1991- 3 factors that need to be considered
1. commitment shown by father- Re C 1992- degree of commitment usually shown when married
Re j 1999- declines as father almost stranger
2.attachment between child and father
3. reason for application

must consider childs wellbeing
-contact with child- Re J (stranger)
-recognition/status is beneficial
Re B 2017- mother former partner give PR due to significant parent role in childs life
C and V 1998- good for childs self esteem
Re S 1998- father previous convicted for poession of childs porn, granted PR due to strong presumption in favour of granting PR

Question 5

section 4 cont

Answer 5

the view of the child-
-re G 2001- father killed mother and child having problem when father visited from prison, child asked for care order to grant PR to foster parents and remove from father, best for child here

misuse-
-Re S- compared above, still grated here
-Re H- harmed son, too much risk so not granted
-Re T 1993- treated mother violently and with contempt and gave no funding, showed a lack of respect and investment, lack of funding showed lack of interest in child

mothers objection-
-only will deny if it would cause a breakdown of the family or of her ability to care for the child
Re R 2011- would created tension and instability
Re E 1995- would be useful for someone with PR in the event of mothers death

Question 6

exercising PR

Answer 6

-Re C and v 1998- dad got PR but child seriously ill, mum learnt how to look after child but dad didnt, court found he can have PR but not contact order for contact as would be unsafe
-Re W 2013- treats PR as abstract rather than practical

Question 7

is it fair?

Answer 7

-stereotypical that women are the caregiver/ outdated

Question 8

loosing PR

Answer 8

-Re M 1994- killed mother in front of child
-adoption orders
-parental orders
-child coming of age (16)/ Gillick capacity
Re D- was of age so could leave residental dual despite parents views

children act 1989 sc2- court can order removal of responsibility graned by sc 4 application/agreement
not for responsibility issued by marriage
Re P 1995- father causes injuries causing disability, PR granted from PR agreement was removed
C v D 2018- mocked childs austims and used PR to stop him from getting medical care for it, PR taken away

-PR from residence order ends when order does
-mitigation without termination
-T v S- children the ward of the court, choices for children had to go through court
-Re b and c 2017- father forbiden from exercising PR