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Parental responsibility (PR) means having a right to be kept informed and
being able to make decisions about a child’s health, education and welfare.
Fathers can apply can apply for PR. Grandparents and other family members
caring for a child can gain PR through a Residency Order.
If you are a father who is or was married to your partner when your child
was born then you automatically have Parental Responsibility for your
children.
You also have Parental Responsibility if your name was the on the birth
certificate and the child was registered after 1st December 2003 when the
new laws for Children came out (Adoption & Children Act 2002).
Unmarried fathers whose children were registered before this date do not
have automatic rights of PR.
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You can apply to get PR though the
following ways:-
1. You can apply for a Parental
Responsibility Order
If you are a father and your partner/ex partner agrees to you having PR you
can apply for a Parental Responsibility Order (Form CPRA1) and will not have
to go to court to get this. You will enter into a Parental
Responsibility Agreement, which is a type of contract. You can
download a copy of this form at HM Courts Services website
– see
http://www.hmcourts-service.gov.uk/courtfinder/forms/cpra1.pdf.
You will need to complete the form and
both parents take it to your local County or Magistrates court. Your
signatures on the form should be witnessed by an officer of the court or a
magistrate. If you go to the reception at the court they will help you.
A grandparent or other relative who has
cared for a child cannot apply for a Parental Responsibility Order, but they
can gain PR though a Residency Order (see below).
The completed form should then be sent to
The Principal Registry of the High Court. Their details are:-
Principal Registry of the Family Division
/ The Divorce Registry
First Avenue House
42 - 49 High Holborn
London
WC1V 6NP
Tel: 020 7947 6000
The agreement will not come into effect
until it has been registered by the High Court.
2. You can apply to court for Parental
Responsibility
If your partner does not agree to you
having PR then you will have to apply to the courts to obtain this. You can
apply through a solicitor or you can apply yourself. To apply you must
In considering an application from a
father, the court will take into account the degree of commitment shown by
the father to his child, the degree of attachment between father and child
and the father’s reasons for applying for the order. The court will then
decide to accept or reject the application based on what it believes is in
the child’s best interest.
3. You can apply for a Residency Order
A Residency Order states where a child should live. A father/grandparent or
other relative who has cared for a child can apply for the child to be
placed with them (Residency). As with applying for Parental Responsibility
you have to complete forms C1 (Application for an order) and C2 (Application
to commence proceedings for an order). You can download these forms through
the HM Court Services Website
– see
http://www.hmcourts-service.gov.uk/HMCSCourtFinder/FormFinder.do.
For help in completing these forms please
go to Fassit UK section
http://www.fassit.co.uk/court_contact_orders.htm.
When you have completed the forms they
should be taken into your local County Court (filed with the court). The fee
if £120.00. The court clerks should help you with who you need to send
copies to.
You will be given a
date for a hearing in court. You can be represented at court by a
solicitor, or a friend or family member. You can also represent yourself.
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