Parental Responsibility

Question 1

How do you automatically get PR?

Answer 1

1. Married to M at time of birth: S2(1) CA 1989

2. Registered as F at time of child’s birth: S4(1)(a) CA 1989

Question 2

How can you get PR?

Answer 2

1. Make PR agreement with M (or those with PR): S4(1)(b) CA 1989
2. Apply to the court for leave to have PR: S4(1)(c) CA 1989

Question 3

Consent of father in PR agreement not needed because he had no PR

Answer 3

R v E and F (Female Parents: Known Father) [2010]

Question 4

Rare for PR to not be granted to father, unless proof that father will misuse FR or reasons for his application were ‘demonstrably wrong’

(inflexible, egocentric and paranoid F showed little commitment to son, but still wanted direct contact, probably to satisfy his narcissism)

Answer 4

PM v MB and Another [2013]

Question 5

Common for PR to be granted to a step-parent

Ex-H denied PR because would clash with M too much

Answer 5

Re R (PR)

Question 6

PR exercisable jointly and severally, except in exceptional circumstances

[some decisions, incl circumcision, should not be up to only one parent to decide]

Answer 6

Re J (Specific Issue Orders: Child’s Religious Upbringing and Circumcision)

Question 7

CAR test used to see if applicant should be granted PR

Answer 7

Re H (Minors)

Question 8

What is the CAR test?

Answer 8

1. Commitment to child
2. Attachment to child
3. Reason behind application

Question 9

If applicant is mentally incapable of exercising PR, then no order to be made.

Not all parents have PR

[road accident handicapped]

Answer 9

M v M (PR)

Question 10

Courts more willing to refuse a PR order where child already has 2 parents

Answer 10

1. B v A, C and D (Acting by her guardian)

2. Re B (Role of Biological Father)

Question 11

Father getting PR would likely undermine child’s same-sex nuclear family and create conflict

Answer 11

Re B (Role of Biological Father)

Question 12

Practical significance of PR?

Answer 12

Right to be consulted

• education [Re G (A Minor)(PR: Education)] Issue: moving schools
• circumcisions Re J Specific issue orders

Question 13

PR used as therapy

eg: creating positive image of father in Childs eyes

Answer 13

Helen Reece

[Re S (A Minor)]

Question 14

Regarding abortion, whose rights have priority

Answer 14

Mothers’ self determination have more priority over child [Re F (In Utero)] but one cannot procure a miscarriage unless [Abortion Act 1967] (note: father has no say)

Question 15

Court case demonstrating how childhood can be a social construct, and that children mature at different rates

Answer 15

Gillick v W Norfolk and Wisbech AHA