Making Important decisions about a child in the absence of other parent – what you need to know

Anyone making important decisions on behalf of the child must have parental responsibility (PR). People with PR can make important decisions on behalf of the children. Usually, the birth and the adoptive parents have the legal responsibility for their children.

Matters relating to parental responsibility get quite complex in certain circumstances, for instance, the absence of the other parent.

Parental Responsibility

Parental responsibility is the legal rights, powers, and obligations a parent has in relation to the child and his property. In practical terms, an individual with parental responsibility has the right to make important decisions about the child’s education, health, and upbringing.

Anyone else with parental responsibility must be on the same page when making decisions about the child’s life. Generally, biological parents get the responsibility to look after the best interest of the child.

Making Important Decisions

All those with parental responsibility have to agree to make important decisions about the child’s care and upbringing. A parent can not make decisions on his own without the consent of the other.

However, routine decisions can be taken by the resident parent without interference from other parental responsibility holders. Usually, the biological parents have the power to make decisions relating to

• The child’s education, where the child goes to school
• Register or change the child’s name
• Decide in relation to certain medical treatment
• Get permission for the child to go abroad
• Religious upbringing
• Access to medical records

Parent With No Parental Responsibility

If the court has granted sole custody and parental responsibility to one parent, the other parent has no authority to influence the major decisions about your child’s life.

In addition, the person with no parental responsibility has no right to stop the child from going abroad, accessing medical records, or having a say in where the child should be educated.

Even though the parent does not have parental responsibility, it is his legal duty to financially support the child.

Position of The Absent Parent

Upon divorce or separation, the birth mothers and fathers automatically have the parental responsibility. In case the parent is absent for a prolonged period, parental responsibility is not lost unless the absence without a trace is for six years or more.

In other cases, mothers can object to fathers exercising any parental responsibility, ultimately, it is the court that decides what is in the best interest of the child. A specific order or child arrangement order can be obtained that clearly states the rights and obligations of both parents and who has a say in the child’s upbringing.

The person with parental responsibility can make major decisions in the absence of the other parent, however, it would require court approval. The parent can make an application to the court to deal with such issues.

Specific Issue Order

The court may issue Specific Issue Order in regards to a particular dispute and may give one parent the right to make decisions without the agreement of the other parent.

The Specific Issue Order is made in relation to the choice of school, medical treatment, where a child will live, and which religion he will follow.

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

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