What is Parental Responsibility?

What is Parental Responsibility?
Parental Responsibility is a key new concept introduced by the Children (Guernsey and Alderney) Law
2008. It broadly replaces ‘custody’: the parental rights and obligations involved in the raising of
children and comes into force on 4th January 2010.
The introduction of Parental Responsibility places an emphasis on responsibility as well as rights. It will
also be easier for non parents, for example a grandparent or step-parent, to make decisions in relation
to children they care for through the acquisition of Parental Responsibility.
Who has Parental Responsibility?
Under the new law, where a child’s mother and father are married when their child is born or they
subsequently marry, they will both have Parental Responsibility. They can only lose their Parental
Responsibility if the child is adopted. Parents who separate or divorce continue to have Parental
Responsibility.
Parental Responsibility consists of 7 duties to a child, these are:
 To safeguard and promote the child’s health, education, development and welfare.
 Provide care, direction, guidance and control in a manner appropriate to the child’s age and
understanding.
 To determine all aspects of upbringing.
 To provide a home, directly or indirectly.
 To maintain relations or regular contact if not living with the child.
 To act as the child’s legal representative, and
 To safeguard and deal with the child’s property.
Do unmarried fathers have Parental Responsibility?
If a child’s father is not married to the mother when their child is born only the mother has Parental
Responsibility. Unmarried fathers may acquire Parental Responsibility by…
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Marrying the mother;
Being registered on the birth certificate (but only if registered after the Law comes into
effect);
Entering into a Parental Responsibility agreement with the mother in the prescribed form.
If the court makes a Parental Responsibility Order or Residence Order in his favour.
Can anyone else get Parental Responsibility?
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Through Residence or Parental Responsibility Orders, people such as grandparents, family
relatives and an adult who has lived with the child for a specified period of time.
Guardians appointed on the death of a parent acquire Parental Responsibility in certain
circumstances e.g. on the death of any surviving parent.
Health and Social Services Department due to a Community Parenting Order, an Emergency
Child Protection Order, a Secure Accommodation Order or a Care Requirement.
Sharing Parental Responsibility…
When more than one person holds Parental Responsibility at the same time, one may act
independently of the others (with some exceptions set out below). However, there is a clear concept
of co-operation and partnership under the new Law.
For example: One person with Parental Responsibility could consent to the child receiving medical
treatment without seeking the agreement of the other holders of Parental Responsibility, but in
practice they should consult and try to seek such agreement.
Holders of Parental Responsibility must agree on the following…
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Naming the child, or changing the name.
Removing the child from the jurisdiction of Guernsey and Alderney.
Choosing the child’s school or religion.
Consent to marriage.
If agreement cannot be obtained, an application can be made to the Court.
Parental Responsibility lasts until…
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The child is 18, or the child’s marriage before that.
Court Orders ending Parental Responsibility.
When Parental Responsibility is an integral part of a court order which comes to an end (e.g.
a Residence Order).
Other issues on Parental Responsibility…
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Parental Responsibility may be delegated but not surrendered or transferred.
Any person aged 16 or over who does not have parental responsibility but has the child in
their care, has the right and duty to take whatever action necessary to safeguard the child.
Having, or not having, Parental Responsibility, does not affect any other duty a person might
have towards a child (e.g. to pay maintenance).
When a child is subject to a care requirement, the Department and any other named person
in a care requirement condition may exercise Parental Responsibility only to the extent
necessary to fulfil the care requirement and any conditions.
The rights of holders of Parental Responsibility to exercise this on behalf of their children
diminish as the child increases in age and maturity. Under the Law, a child aged 12 is
presumed capable of forming a considered view about matters affecting them unless shown
otherwise.
Transitional arrangements
The introduction of parental responsibility may have an immediate impact for some people. E.g.
some mothers who have lost custody will acquire Parental Responsibility and some individuals who
hold appointment as tuteur of a child will acquire Parental Responsibility. You may wish to consider
taking legal advice on the impact of these changes on your own situation. Details of local Advocates
are in the phone book.
For further copies of this leaflet or other leaflets relating to the new law please visit
www.childrenlaw.gg or call 01481 259011.