Do Child Arrangement Orders give Parental Responsibility?

Parental responsibility is a term that often crops up in family law-related discussions. Parent-child relationships are often valued, despite common misunderstandings about their nature and significance. Often someone in such a relationship will apply to the court for a child arrangements order. But does a child arrangements order give parental responsibility for the child (assuming they did not have it already)?

Before we answer that question we should first remind ourselves exactly what parental responsibility is, and who gets it automatically.

We will also look at just what a child arrangements order is.

What is parental responsibility?

As mentioned above, the concept of parental responsibility is often misunderstood.

In particular, it is commonly mixed up with the concept of ‘parental rights’ over the child.

In fact, that concept was largely done away with when the Children Act 1989 was passed, replacing it with the concept of parental responsibility.

The Act defines parental responsibility as: “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”.

This definition is not particularly helpful, as it doesn’t include a list of ‘parental responsibilities’. The decision to not list all ‘parental responsibilities’ in the Act was a positive decision.

But we can give a few examples: the responsibility to maintain the child, the responsibility to ensure that the child is educated, and the responsibility to ensure that the child receives appropriate medical treatment are important ones.

In general, parental responsibility means the legal right and responsibility to make important decisions about a child’s upbringing.

Who gets parental responsibility automatically?

Certain people do not have to do anything to acquire parental responsibility – they acquire it automatically.

All mothers acquire parental responsibility automatically, as do fathers if they are married to the mother.

Unmarried fathers do not acquire parental responsibility automatically, but will if they are named as the father on the child’s birth certificate, or if the mother agrees to them having parental responsibility, and a parental responsibility agreement is signed.

Otherwise, anyone seeking parental responsibility will need to acquire it via a court order.

What is a child arrangements order?

A child arrangements order is not a parental responsibility order.

A child arrangements order determines where a child should live and their contact arrangements with others.

There are therefore two types of child arrangements order: one that states who the child should live with, and one stating what contact the child should have with anyone else.

The difference between the two is important for parental responsibility, as we will see now.

Does a child arrangements order give parental responsibility?

The rules relating to this are slightly complicated, but we will simplify them and set out the most important parts.

If a father does not already have parental responsibility and the court makes a child arrangements order stating that the child will live with them then the court must also make an order giving them parental responsibility.

If a father does not already have parental responsibility and the court makes a child arrangements order stating that the child should have contact with them then the court must decide whether it would be appropriate to also make an order giving them parental responsibility.

Lastly, if the court makes a child arrangements order stating that the child is to live with anyone who is not a parent or guardian of the child, that person will have parental responsibility for the child while the order remains in force.

How can we help?

Please contact us if you require any further information.

For more information about child arrangements and how we can help, see this page.