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What is a Parental Responsibility Agreement?
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Parental Responsibility factsheet. December 2007
This is an agreement (usually between a child's parents) to agree to share Parental Responsibility.
Making a Parental Responsibility Agreement
For the agreement to be legally binding, both parents (or step-parent or civil partner) will need to fill in form C(PRA), which is available from your local County Court or Family Proceedings Court (look in your telephone directory for details) or is downloadable from the Court Service website, www.courtservice.gov.uk. If you are seeking legal advice, your solicitor should be able to provide you with the form. A separate form must be filled in for each child. The form must be witnessed formally by an officer of the court or a Justice of the Peace.
Making decisions when you have Parental Responsibility
When certain big decisions need to be made, all those with Parental Responsibility have a right to be involved in deciding what they feel is best for the child. No one person has more right than another person with Parental Responsibility but day-to-day decisions concerning the child should be left to the person having day-to-day care.
If you cannot reach an agreement
If you cannot reach an agreement over a certain issue with another person who has Parental Responsibility (for example, changing a child's name or deciding about a child's education or medical treatment), any person with Parental Responsibility can make an application for a Specific Issue Order for the court to make a decision.
You can also apply to the court for a Prohibited Steps Order preventing a person with Parental Responsibility from taking action in relation to the child (for example, taking the child abroad or changing the child's schooling) without permission of the court.
When a court makes a decision they must consider the welfare of the child above any other considerations. However, the court normally prioritises the choices made by the parent with care, that is, the person who has the day-to-day responsibility for the child. For example, the court has held that the right of the parent with whom the child resides to move with the child to another home in England or Wales should not be over-ruled save in exceptional circumstances.
Appointing a Guardian to care for your child if you die.
If you have Parental Responsibility, you may appoint a Guardian for your child, so that after your death the Guardian will acquire Parental Responsibility and is likely to provide for the care of the child. You can do this by putting your wishes in writing and then signing and dating it or by including it in your Will.
It is important to establish that your proposed Guardian would be willing to take on responsibility for the child and that they know and understand what may be required of them.
The appointment of a Guardian can only take effect on the death of the last person with Parental Responsibility. It will not operate if there is another person with Parental Responsibility for the children who is still living. If one parent of the child dies and the other has Parental Responsibility for the children, whether they are separated or divorced, the surviving parent, other than in exceptional circumstances, will have sole Parental Responsibility for the children.
If there is good reason why the other parent should not look after the children, for example, they have abused them, you should consider applying for a Residence Order. Call the Lone Parent Helpline on 0800 018 5026 for more information about this.
In the event that two people with Parental Responsibility appoint different Guardians, then an application to the court may be necessary to decide the matter.
Next page: Parents with Parental Responsibility and paying child maintenance
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